Thursday, 28-Aug-2003 7:31 AM

COMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANS

CASE N° MAL/15 - ANWAR IBRAHIM - MALAYSIA

Decision adopted by the Committee at its 102nd session

(Geneva, 7 - 10 June 2003)

The Committee,

Referring to the outline of the case of Mr. Anwar Ibrahim, a member of the House of Representatives of Malaysia at the time of the submission of the complaint, and to the decision adopted at its 100th session (January 2003),

Taking account of the observations provided by the parliamentary authorities on 2 April 2003 as well as information submitted by the sources on 17 March and 18 and 23 April 2003, 

Recalling that, having been dismissed from his post as Deputy Prime Minister and Finance Minister, Mr. Anwar Ibrahim was arrested on 20 September 1998, initially under the Internal Security Act without any charge, and subsequently prosecuted on charges of abuse of power and sodomy; he was found guilty on both counts and sentenced, in April 1999 and August 2000, respectively, to a total term of 15 years' imprisonment which he is currently serving; on 10 July 2002, the Federal Court dismissed in the last instance Mr. Anwar Ibrahim's appeal against the abuse of power charges; and considering that in August 2002, Mr. Ibrahim lodged an application with the Federal Court to review its own decision whereby it confirmed his conviction and sentence in this case; the hearing of the application, initially set for 18 March 2003, was adjourned due to a petition of the Attorney General for the application to be heard by a five-member instead of a three-member panel; that request has reportedly been approved by the Chief Justice, 

Considering that the appeal hearing in the sodomy case started on 24 March 2003 and ended on 18 April 2003 when the Appeal Court rejected the appeal; Anwar Ibrahim has now filed an appeal with the Federal Court; and recalling the serious concerns that have been widely voiced about the credibility of the main witness in the sodomy case, corroborated by the lack of any medical evidence, crucial in such cases, 

Recalling that Mr. Anwar Ibrahim has not been allowed to go abroad for the spinal surgery which his surgeon recommended and that the Government has not taken account of the recommendation made by the National Human Rights Commission (SUHAKAM) which, on 31 May 2001, stated publicly that Anwar Ibrahim should be allowed to undergo medical treatment abroad, a position which SUHAKAM confirmed in a communication of 13 January 2003; and also recalling that the parliamentary authorities have repeatedly forwarded comments, most recently on 2 April 2003, stating that the Government’s refusal to allow Mr. Ibrahim to undergo medical treatment abroad was in conformity with the Malaysian Prison Act 1952 and relevant international norms, in particular the United Nations Minimum Rules for the Treatment of Prisoners, 

Recalling further that it has repeatedly requested the parliamentary authorities to provide information on how the Malaysian Parliament, as a guardian of human rights, ensures the follow-up of the recommendations made by SUHAKAM and that, in their observations forwarded in August 2002, the parliamentary authorities undertook to provide these details, 

1. Thanks the parliamentary authorities for their observations; regrets, however, the absence of any reply to its question as to the follow-up Parliament generally gives to SUHAKAM recommendations;

2. Takes note with deep regret of the rejection of Mr. Ibrahim’s appeal in the sodomy case, particularly in the light of the serious misgivings it has consistently expressed about the fairness of Mr. Ibrahim’s trial and the failure of the court to respect his right to present his defence and thus clear himself of the charges held against him;

3. Trusts that the Federal Court will rule on Mr. Ibrahim’s appeal in the sodomy case and review the abuse of power case in full independence and impartiality and full respect for the rights of the defence, which the Court itself considers to be “sacrosanct” and “a principle so fundamental to our system of justice (judgment in the Zainur Zakaria case);

4. Reaffirms that recommendations of a national human rights commission carry special weight and should not be dismissed by the competent authorities; considers, in the light of the observations provided by the parliamentary authorities, that if the authorities are not under a legal obligation to grant permission for medical treatment abroad, there is also no legal provision preventing them from doing so; 

5. Calls therefore once again on the authorities, in particular the Malaysian Parliament as a guardian of human rights, to give full support to the clear recommendations of the National Human Rights Commission so as to obtain permission for Mr. Anwar to follow his personal choice of medical treatment abroad; 

6. Wishes to be kept informed of the proceedings; and would appreciate detailed information about Mr. Ibrahim’s state of health and the present conditions in which he is imprisoned;

7. Requests the Secretary General to convey this decision to the Malaysian authorities, inviting them to provide the requested information;

8. Decides to continue examining this case at its next session, to be held on the occasion of the 109th Assembly of the Inter-Parliamentary Union (October 2003).

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