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FAC News - Monday, February 10, 2003 7:30 AM
COMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANS CASE N° MAL/15 - ANWAR IBRAHIM - Decision adopted by the Committee at its 100th session ( The Committee, Referring to the outline of the case of Mr.
Anwar Ibrahim of Taking account of a communication from the National
Human Rights Commission (SUHAKAM) dated Recalling that, having been dismissed from his post as Deputy Prime Minister and Finance Minister, Mr. Anwar Ibrahim was arrested and prosecuted on charges of corruption and sodomy; he was found guilty on both counts and sentenced, in April 1999 and August 2000, respectively, to a total of term 15 years' imprisonment which he is currently serving; while no date has as yet been set to hear Mr. Anwar Ibrahim’s appeal in the sodomy case, the Federal Court on 10 July 2002 dismissed in the last instance Mr. Anwar Ibrahim's appeal against the corruption charges, Recalling its earlier concerns as set out in the resolution which the IPU Council adopted on this case in September 2002 regarding respect for the right to fair trial, in particular the right to defence; referring in particular to the observations which the Chief Justices made in their judgment in the Zainur Zakaria case in which they emphasized the “sacrosanctity” of the right of defendants to answer the charges and to prepare their “defence fully, fairly and effectively … a principle so fundamental to our system of justice”, Recalling that Mr. Anwar Ibrahim has been hospitalised in Kuala Lumpur General Hospital since 24 November 2000 and that his surgeon concluded that he required urgent spinal surgery which, in his view, could only be performed satisfactorily abroad; however, Mr. Anwar Ibrahim was not allowed to go abroad for such treatment; on 31 May 2001, the National Human Rights Commission (SUHAKAM), stated publicly that he should be allowed to undergo medical treatment abroad; noting that the 1995 Prison Act allowed the prison authorities to release a prisoner on licence and that nothing prevented Mr. Anwar Ibrahim from being sent abroad for medical treatment; considering that, in its communication of 13 January 2003, SUHAKAM stated that its stand remained unchanged; however, it had advisory powers only and could not to compel the authorities to accept recommendations, Recalling that it has repeatedly requested the parliamentary authorities to provide information on how the Malaysian Parliament, as a guardian of human rights, ensures follow-up to the recommendations made by SUHAKAM and that, in their observations forwarded in August 2002, they undertook to provide these details, 1. Thanks the National Human Rights Commission for the observations provided; 2. Regrets the absence of any communication from the parliamentary authorities, in particular as regards the follow-up it generally gives to SUHAKAM recommendations; 3. Can only reaffirm its opinion, in the absence of any new elements, that the court of first instance in the “corruption case”, in disallowing evidence attesting that the prosecution had attempted to fabricate evidence against Mr. Anwar Ibrahim, has not given him a genuine opportunity to clear himself of the charges; considers that the emphasis put by the Federal Court on the right to defence lends considerable weight to its opinion; 4. Continues therefore to believe that Mr. Anwar Ibrahim’s prosecution and sentencing may well, in both cases, have been politically motivated; 5. Reaffirms that recommendations of a National Human Rights Commission carry special weight and should not be dismissed by the competent authorities; 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 Ibrahim to follow his personal choice of medical treatment abroad; 6. Requests the Secretary General to convey this decision to the Malaysian authorities and to the sources; 7. Decides to continue examining this case at its next session (April 2003).
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