Malaysia: End Political Persecution of Anwar

(Bangkok) –The Malaysian authorities should drop their apparently politically motivated appeal of opposition leader Anwar Ibrahim’s acquittal on sodomy charges, Human Rights Watch said today. On September 17, 2013, the Court of Appeal in Kuala Lumpur will hear the prosecution’s appeal of the Malaysian High Court’s January 9, 2012 verdict to acquit Anwar of having consensual sexual relations with his political aide Mohammed Saiful Bukhari Azlan.

The Malaysian government should urgently abolish its colonial–era criminal code prohibition against “sodomy” and thus ensure that no such discriminatory prosecutions occur in the future.

“Malaysian authorities are only adding insult to injury by appealing Anwar’s acquittal, compounding the injustice already inflicted on Anwar and his family,” said Phil Robertson, deputy Asia director. “The best way to ensure this kind of politically motivated persecution doesn’t happen again is for the government to abolish the hateful law on which it’s based.”

In his decision acquitting Anwar, High Court Judge Mohamad Zabidin Diah ruled that the DNA evidence presented by the prosecution in the case had not been handled properly and could have been tampered with. The judge ruled that in the absence of evidence that could corroborate Saiful’s version of events, a guilty verdict was not possible.

Although the trial ended in acquittal, the case was marred by procedural problems that raised serious fair trial concerns. During the trial, the prosecution refused to share a number of critically important documents with the defense counsel including lists of witnesses to be called at court, surveillance tapes at the condominium where the alleged offense took place, and most crucially, access to DNA samples and original medical reports.

Government leaders regularly made public comments on the trial and the prosecution made obvious procedural breaches, such as leaking information from an on camera fact-finding visit by the court.

Should Anwar lose the appeal, he faces a prison sentence of up to 20 years, and whipping. Anwar would also have to relinquish his parliamentary seat and be barred from standing for election for five years if he is imprisoned for even one day or fined more than RM 2000 (US$600).

Prosecutors originally charged Anwar under article 377 of the penal code, a Victorian-era British colonial law that criminalizes any activity that the authorities decide constitutes “carnal intercourse against the order of nature.”

(2013-09-17/hrw)