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Friday, 21-May-2004 7:23 PM International Commission of Jurists PRESS RELEASE 20th May 2004 - Putrajaya, Malaysia The final appeal of former deputy prime minister Dato' Seri Anwar bin Ibrahim against his conviction for sodomy ended today in the Federal Court of Malaysia at Putrajaya. The judges have reserved their decision. The question of whether Anwar should be released on bail pending that decision is to be heard tomorrow morning. International observer, Mark Trowell QC, representing the International Commission of Jurists and the Australian Bar Association reflected on various aspects of the appeal at the conclusion of proceedings this afternoon. "Even though the judges refused an application by Anwar's counsel to officially record our presence at court, we appreciate their courtesy in welcoming us to observe the proceedings", said Mr Trowell. He further expressed gratitude to the Malaysian Attorney General, Tan Sri Gani Patail, for generously making himself available to the observers and supplying a large amount of appeal material to them. "Anwar's lawyers also provided considerable assistance to us", he added. Mr Trowell said that the observers "make no complaint as to the conduct of the appeal proceedings". He said that the judges at the hearing "acted with courtesy, patience and apparent interest in the submissions made by counsel." "However", he emphasised, "the fairness of this appeal will be judged by the final decision of the Federal Court." "Whether the court has been fair and just shall be assessed by its response to the process of the original trial that was patently unjust and tainted by significant errors of law." Mr Trowell also expressed some concern about the deteriorating health of Dato' Seri Anwar. He said that Anwar's "failing health was deserving of some clemency and a compassionate response by the authorities to ensure that he received the necessary medical treatment." "We should also not forget the plight of Anwar's adopted brother Sukma Darmawan”, said Mr Trowell. "His counsel, Gobind Singh Deo, has raised serious concerns about his client's treatment while in police custody after his arrest when a confession was obtained after 12 days of harassment and interrogation by the police." Mr Trowell said that this evidence raised serious doubts that the statement was voluntary. "It substantially taints his confession and critically damages the case against him. That fact alone deserves particular scrutiny by the judges", he said.
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