MALAYSIA
Trial of Anwar Ibrahim:
A Defining Moment for Human Rights in Malaysia
The trial of former deputy Prime
Minister Anwar Ibrahim, which opens today at the High Court in
Kuala Lumpur, will be a critical test for the future of human
rights in Malaysia, Amnesty International said today.
"The significance of today's
trial goes far beyond the fate of Anwar Ibrahim," the human
rights organization said.
"The trial and its outcome
will influence the path Malaysia takes as a society: either towards
greater respect for the human rights principles enshrined in
the Malaysian Constitution --including freedom of expression
and tolerance of dissenting opinion -- or towards a more repressive
climate marked by the arbitrary and selective use of the law
for political purposes."
Amnesty International considers
that the arrest of Anwar Ibrahim and his political associates
under the Internal Security Act (ISA) fits a long-standing pattern
of the Malaysian government's use of restrictive legislation
-- including the ISA, the Sedition Act, the Societies Act and
the Printing Presses & Publications Act -- to curb freedom
of expression and association.
Over the years, a wide range
of Malaysians, including politicians, social activists and others
with dissenting voices, have been denied their right to peacefully
express opinions free from the threat of arbitrary arrest and
detention.
Amnesty International believes
Anwar Ibrahim -- and his detained political associates held under
the ISA-- to be prisoners of conscience imprisoned for their
non-violent political activity, expression and association. The
organisation is calling for their immediate release.
"We are convinced that the
true political motivations driving recent events were revealed
by the circumstances in which Anwar was detained and brought
to trial," Amnesty International maintained.
One day after his dismissal from
office on 2 September, affidavits -- which were not tested in
court and implicated Anwar in a broad range of criminal offences
-- were improperly made public. As Anwar became the focus for
a broad-based popular movement calling for reforms, he was arrested
without charge under the ISA, held incommunicado and denied due
process, and allegedly beaten while in police custody. Nine days
later Anwar was brought to court on charges which centred not,
as previously suggested, on accusations of sedition and treason,
but on alleged sexual offences.
Amnesty International is now
closely monitoring Anwar's trial to examine the nature and basis
of the evidence brought against him, and to assess the proceedings
in light of international standards on fair trial, including
the presumption of innocence of the accused. Amnesty International
has sent representatives to attend the court sessions.
Amnesty International is deeply
concerned about indications of a broader crackdown by the Malaysian
Government on continuing calls for reform. In recent days, the
authorities have threatened to apply the Societies Act, allowing
imprisonment of up to five years for those found guilty of managing
unregistered societies, against those linked to the recently
formed Malaysian People's Justice Movement (Gerak) -- a group
comprising a cross-section of opposition political parties and
non-governmental organisations who seek the repeal of the ISA.
Amnesty International reiterates its call on the Malaysian authorities
to respect the right of peaceful association.
The organisation is alarmed that
the authorities are citing public order concerns to justify the
use of excessive force against peaceful demonstrators, and further
restrict the right of assembly. Amnesty International is again
calling on the police to act at all times in accordance with
international standards on the use of force which state that
force should only be used when strictly necessary, and only to
the minimum extent required under the circumstances.
1 November 1998
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