Friday, 07-May-2004 2:22 PM

Anwar Ibrahim’s last chance for justice: FIDH

“Anwar Ibrahim, the most famous political prisoner in Malaysia, will be judged on appeal on 10 May 2004,” said Suaram, a Malaysian human rights organisation, and the International Federal of Human Rights (FIDH).

“Given the record of his judicial process so far, the FIDH and Suaram fear that his prison sentence be confirmed, in spite of a clear denial of his right to a fair trial,” said the joint Suaram-FIDH press statement today.

“Anwar Ibrahim, former Deputy Prime Minister of Malaysia, was dismissed, arrested and subsequently tried on charges of corruption and sodomy in late 1998. According to all independent observers, both national and international, the trial was not free and fair notably in view of the apparent partiality of the judge and the intrusion of the Executive in the process. He was accused following increasing political tensions with the former Prime Minister, Mahathir Mohamad.”

“For the charges of corruption, Anwar Ibrahim was sentenced to of 6 years imprisonment. That sentence was confirmed by the Federal Court in July 2002. Anwar Ibrahim was convicted in August 2000 to a further 9 years' imprisonment on charges of sodomy. The two sentences were ordered to run consecutively – and not concurrently, as is usual.”

“On 10 May 2004, the Federal Court, the highest court of Malaysia, will examine the denial of bail as well as Anwar Ibrahim's conviction on the charge of sodomy.”

“This will be the last avenue and the last chance for Anwar Ibrahim to get free, after a parody of justice”, said Sidiki Kaba, President of the FIDH.  “This time, the Malaysian authorities should make sure that Anwar Ibrahim benefits from the right to a fair trial.”

“The Malaysian courts have regularly denied his requests for medical parole and liberation on bail,” added the press release.

“Anwar Ibrahim has been in prison for the last five years. He needs spinal surgery. As a minimum, he should urgently be allowed to travel abroad to get the medical treatment he needs”, said Cynthia Gabriel, Executive Director of Suaram.

“The FIDH and SUARAM also urge the international community to continue and raise the fate of Anwar Ibrahim with the Malaysian authorities.”

FIDH's open letter to the Prime Minister of 10 July 2002

The International Federation for Human Rights (FIDH) wishes to express its very serious concern regarding the sentence given today by the three-member Federal Court panel who unanimously dismissed ex-deputy prime minister Anwar Ibrahim’s final appeal.

This decision was taken after a session which lasted less than 20 minutes. The judge pronounced the sentence without reading the full 65-page written decision.

Mr. Anwar was convicted for “corrupt practices” and sentenced to six-year imprisonment by the High Court in 1999. He appealed against this decision and the hearing took place in March and April 2002. A FIDH chargée de mission attended this hearing.

The FIDH considers that, during the whole proceedings, the right to a fair trial was not guaranteed to Mr. Anwar. Indeed, Suaram, a leading human rights NGO, particularly noted various dysfunctions : the refusal of bail, allowing amendment of the charges at a late stage, expunging of evidence, compelling the defence to provide a summary of witnesses’ evidence in advance and ruling on their relevancy, disallowing witnesses from testifying, disallowing the defence of political conspiracy.

The judgement of the Federal Court shows once again the lack of independence of Malaysian judiciary.

It is clear that the Rule of law has become an empty word in Malaysia. This decision constitutes a blow for human rights defenders at the national and international level. The Malaysian authorities obviously further distance themselves from the democratic values that they pretend to uphold.

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