SUARA RAKYAT MALAYSIA
Address:  383, 1st Floor,
Jalan 5/59,
46000 Petaling Jaya,
Selangor, Malaysia.

Telephone: +6 03 7784 3525
Fax: +6 03 7784 3526

Email: suaram@suaram.org
Web: www.suaram.net


Malaysia: Urgent Appeal for Anwar Ibrahim ? Final
Federal Court Verdict on 22 July, and Deteriorating
Health Conditions

On 22 July 2004, the Federal Court, the highest court
in Malaysia will deliver the verdict on former deputy
prime minister and political prisoner Anwar Ibrahim?s
appeal on the sodomy conviction and sentence of 9
years' imprisonment. The hearing represents Anwar's
final opportunity for judicial redress. Anwar Ibrahim
has been in detention since 20 September 1998 on
trumped up charges of corruption and sodomy ? to which
he has been sentenced to a total of 15 years?
imprisonment. Anwar was initially held without trial
under the Internal Security Act (ISA). During
detention, Anwar was severely and brutally assaulted
by the former Inspector General of Police Rahim Noor
while he was hooded and handcuffed to his back. Anwar
claimed that his slipped disc condition has worsened
after the beating.

Despite the worldwide concern raised on the fairness
and propriety of the criminal trials, the judges (from
the High Court to the Federal Court) empanelled to
hear the series of cases still managed to twist and
rework the law, procedures and facts to deliver
perverse decisions that raised to alarming new heights
concerns for the independence of Malaysia's criminal
justice system. Bail pending appeal for Anwar has also
been constantly been denied on questionable grounds.

Many misgivings have been said with regard to the
widely perceived political persecution of Anwar and
the role played by the judiciary in ?legalising? his
continuing incarceration. Public confidence in the
judiciary is at the lowest ebb as Anwar failed to
obtain a fair trial in both the corruption and sodomy
trials. These assessments were made plain by a series
of questionable rulings by the trial judges, for
example, the refusal of bail; allowing amendment of
the charges at a late stage; expunging of evidence;
compelling the defence to provide a summary of
witnesses? evidence in advance and ruling on their
relevancy; disallowing witnesses from testifying;
disallowing the defence of political conspiracy and
threatening and actual contempt of court proceedings
against defence lawyers. But to top it all, was
Azizan?s lack of credibility as a complainant in a
sex-related offence ? one that was characterised by
blatant inconsistencies, evasiveness and lacking in
material corroboration especially medical evidence
that is crucial in such cases.

During the Federal Court hearing on the sodomy
conviction, as in all the other hearings, there were
numerous clashes between Anwar and his defence lawyers
with the judges whom they perceived to be bias. There
were several instances of not only appearance or
likelihood of bias but outright dishonestly when the
judges found that the alibi notice of Anwar to be
missing from the court?s record, even though the issue
of the alibi notice has not been disputed in the lower
courts and the prosecution has even conceded that they
have received the notice. Applications to dismiss the
judges were also dismissed by the judges themselves

Anwar's slipped discs condition has taken a turn for
the worse as it has been left untreated (aside from
large dosages of painkillers) by the authorities who
insisted that he undergo a local operating procedure
(with higher risks) while he has persistently
requested for treatment of his choice that is not
available in the country. He wears a neck brace and is
now almost immobile, and has to be moved around on a
wheelchair. Due to the complications, both his kidneys
have become swollen and there is a real fear that he
will be paralysed if he is not treated immediately.
The medical authorities have also refused to released
Anwar's medical record.

Malaysia's National Human Rights Commission (SUHAKAM)
has also called for Anwar to be allowed to travel
abroad, to receive the recommended specialised medical
treatment. According to SUHAKAM, there are no
provisions in Malaysian law that would prohibit him
from doing so.

In September 2003, the Malaysian Parliament reported
falsely and misleadingly to the International
Parliamentary Union (IPU), which had inquired on
Anwar?s condition, that special medical treatment and
privileges were afforded to Anwar.


RECOMMENDED ACTION:


Please send appeals to arrive as quickly as possible,
in English or your own language:

- expressing concern at the lack of impartiality and
fairness of the appeal process; and that Anwar should
be acquitted without any blemish on his character;

- calling on the authorities to ensure that Anwar is
treated humanely and in accordance to international
standards of human rights;

- calling on the authorities to ensure that Anwar's
choice of medical treatment be allowed;


PLEASE SEND YOUR APPEALS IMMEDIATELY TO:


Datuk Seri Abdullah Ahmad Badawi.
Prime Minister of Malaysia.
Prime Minister's Office
Federal Government Administration Center
Bangunan Perdana Putra
62502 Putrajaya
Malaysia

Telephone : 603 - 8888 8000
Fax : 603 - 8888 3444
Email : ppm@pmo.gov.my

Anonymous merepek ... permalink ... 7/16/2004 09:13:00 am ...