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Events in Malaysia
following the dismissal of Anwar Ibrahim as Deputy Prime Minister
on 2 September 1998 have reinforced Amnesty International's longstanding
concerns over the imposition of unjustified restrictions on the
exercise of fundamental human rights - particularly the right
to peacefully express opinion free from the threat of arbitrary
arrest and detention.
Shortly after Prime Minister
Mahathir Mohamad dismissed Anwar Ibrahim, the police announced
publicly that the former Deputy Prime Minister was under criminal
investigation for sedition and other crimes. The police lodged
at the High Court a number of affidavits, affirmed by the Attorney-General,
alleging that Anwar had been involved in acts of sexual impropriety,
tampering with evidence, bribery and threatening national security.
Although the affidavits were unsubstantiated, and no charges
have been filed against Anwar, the judge chose to allow their
entire contents to be made public.
Attorney-General Mohtar Abdullah
has stated that, subject to investigations, Anwar could be charged
under the Internal Security Act (ISA), the Official Secrets Act
(OSA), the Penal Code, the Women and Girls Protection Act and
the Prevention of Corruption Act. Five of Anwar's associates
have been arrested. Two of them, businessman S Nallakarrupan
and journal editor Munawar Anees, have been charged under the
Internal Security Act (ISA), which allows indefinite detention
without charge, and Amnesty International is calling for them
to be immediately released or charged with a recognised criminal
offence.
As large crowds of supporters
continued to gather at Anwar's residence and during his visits
outside the capital the police also threatened to invoke the
Police Act, which prohibits gatherings of more than three people
without a permit and prescribes a punishment of up to six months
mprisonment.
These events come on top of other
prominent cases involving the government's selective application
of restrictive laws and apparent misuse of judicial procedures,
in particular the imprisonment of opposition parliamentarian
and prisoner of conscience Lim Guan Eng, now entering the fourth
week of a 18-month sentence, for sedition and printing false
news', and the trial of women's rights activist Irene Fernandez,
charged for publishing false news' about the ill-treatment
of detainees in camps for migrant workers.
These cases have had a chilling
effect on freedom of expression in Malaysia as those in power
signal that the space for the dissenting political opinion is
limited, and that the penalties for alleged transgressions severe.
While Amnesty International is
not in a position to ascertain the truth of the allegations against
Anwar or his associates, the government's actions have galvanised
reaction within Malaysia society to the apparently politically-motivated
misuse by government leaders of state institutions and judicial
procedures. The timing and nature of statements and actions by
the Royal Malaysia Police and the Attorney-General's office have
prompted charges of political bias which appears at odds with
their professional and constitutional duties to uphold the law
equally.
More and more Malaysians, including
politicians, lawyers, social and human rights activists and ordinary
citizens, have stressed how recent government actions against
Anwar and his associates pose a threat to the rights of all in
Malaysia.
Amnesty International is monitoring
developments in the wake of Anwar's dismissal and is urging the
Malaysian authorities to ensure that Malaysian law is applied
at all times in accordance with the basic human rights principles,
enshrined in the Malaysian Constitution and in international
human rights instruments, and is not misused to detain or imprison
people solely for the non-violent expression of critical political
views.
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