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FAC
News - Thursday, February 13, 2003 8:25 AM
Malaysia
- ICJ Condemns Anwar Verdict
08 August 2000
The International Commission of Jurists (ICJ)
strongly condemns the sentencing by the High Court in Kuala
Lumpur of former Malaysian Deputy Prime Minister
Anwar Ibrahim and his adopted brother Sukma Darmawan
to nine years and six years of imprisonment respectively for alleged
sodomy.
The ICJ is not satisfied of the adequacy and
fairness of the processes in reaching this verdict.
It is particularly concerned at the prosecution's
amendment of the date of the alleged offences,
the (in)admissibility of certain evidence, failure to permit the
calling of some defence witnesses and the (im)partiality
of the presiding judge (who was subject to an unsuccessful application
for removal by defence counsel).
Mr Anwar's mistreatment, including his beating
during detention, was contrary to international human rights standards.
The sentences imposed are wholly disproportionate to the alleged
offences committed. The comments by Prime Minister Mahatir
during the trial were, moreover, prejudicial and entirely inconsistent
with a free and independent judiciary.
The ICJ deplores Executive manipulation of the
judiciary and use of the criminal justice system to launch politically
motivated prosecutions and muzzle dissent. This is an anathema to
the Rule of Law.
In April this year, the Centre for the Independence
of Judges and Lawyers of the ICJ in conjunction with the International
Bar Association, the Commonwealth Lawyers Association and the Union
internationale des avocats issued a report entitled Justice in Jeopardy: Malaysia
2000. That report concluded that the extremely powerful Executive
in Malaysia
did not respect the constitutional independence of the judiciary.
That conclusion is vindicated by this verdict.
It is also a mater of grave concern that Malaysian
law criminalises consenting sexual acts in private. This is contrary
to international human rights standards including freedom from discrimination
and the right to privacy.
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