The message
from law advocates the world over is clear - the prosecutions of Anwar
Ibrahim and Karpal Singh under archaic and rarely used laws are legally
unwarranted and the convictions a travesty of justice.
It
is the view of Suaram and Global Bersih that these statements depict
selective persecutions that seek to mask assaults on democracy,
Malaysia's system of parliamentary representation and opposition MPs.
Statements
criticising or questioning the convictions have been made by the US
State Department, United Nations, Malaysian Bar, Law Society of England
and Wales, Haldane Society, Australian Bar, the International Commission
of Jurists, the International Federation of Human Rights, Lawyers for
Liberty, Commonwealth Lawyers Association, LAWASIA, Law Society of NZ,
Lawyers Rights Watch of Canada, retired Malaysian Court of Appeal and
High Court judge NH Chan and Human Rights Watch.
Suaram
and Global Bersih jointly call on Prime Minister Najib Razak, Home
Affairs Minister Zahid Hamidi, Attorney-General Abdul Gani Patail and
elected members of the Dewan Rakyat to urgently move to repeal the
outdated legislations that led to their convictions and allow the duly
elected members of Parliament to return to their electoral duties.
Suaram
and Global Bersih hope that Karpal's 24 March appeal against his fine
will eventually see truth and justice prevail to allow the MP for Bukit
Gelugor to resume representing his constituents in parliament.
We hope that justice for Karpal will also pave the way for Anwar to fulfill his parliamentary duties.
In
Karpal's case, the 166,000-strong Law Society of England and Wales has
already written to Prime Minister Najib Razak to point out it is not
seditious to "show any ruler has been misled or mistaken in any of his
measures" under Malaysia's Sedition Act.
Suaram
and Global Bersih believe Anwar's conviction for sodomy is just as
shocking for the speed at which the three judges overturned the previous
acquittal, found for a guilty verdict and handed down sentence - all in
90 minutes.
It
behoves Suaram and Global Bersih to point out that while an
"alternative PM" has been summarily and efficiently stripped of his
ability to lead Parliament and country, the murder of Mongolian woman
Altantuya Shaariibuu, a case that allegedly implicates a serving prime
minister, Najib, remains unresolved after several years.
These convictions must be seen worldwide as going beyond mere attacks on Anwar Ibrahim and Karpal Singh as individuals.
These
are attacks on the respective offices of the leader of the opposition
and the leader of the biggest component party in the opposition
alliance.
Suaram
and Global Bersih therefore see these convictions as blatant attacks on
fundamental principles of democracy that underlie the parliamentary
process.
Suaram
and Global Bersih can only look upon the two convictions as early steps
in the first Operation Lalang of the millennium, and we harbour no
doubt that opposition figures, human rights defenders and student and
youth leaders such as Tian Chua, Suhaimi Shafie, Tamrin Ghafar Baba,
Hishamuddin Rais, Haris Ibrahim, Adam Adli, Muhamad Safwan, who also
face similar convictions for sedition, will suffer the same fate.
Suaram
and Global Bersih will work as an alliance on behalf of
democracy-loving Malaysians, and collaborate to bring further attention
to these cases.
We
pre-emptively reject any statement that our joint action will undermine
Malaysia's aspirations as a developing nation, or that Suaram or Global
Bersih are unpatriotic, or traitorous.
Suaram
and Global Bersih are, in fact, exposing Malaysian politicians and
groups that seem intent on dragging the country into an abyss where all
pretence at rule of law, democracy and equality will be abandoned.
We
are grateful for the public stance of the US State Department and the
United Nations, who have joined esteemed and impartial law associations
and rights advocacy groups to question the convictions and their
motivation.
We note the comment of the US State Department on Anwar's conviction:
"The
decision to prosecute Mr Anwar, and his trial, have raised a number of
concerns regarding the rule of law and the independence of the court."
The
International Commission of Jurists (ICJ) has held that the judicial
processes appeared directed at sidelining Anwar from politics. "The
timing of the case obviously and the speed with which they moved through
the conviction and sentencing and not hearing the mitigation case at
all...All this suggests very strongly that there is a political motive
to this."
LAWASIA said it could not freely accept that the prime motivator in the prosecutions was the pursuit of justice.
The
law association added that the circumstances of the cases appear to
show that outmoded provisions in the legal system may be used to hinder
the democratic processes to which the Malaysian people have a right.
"This
decision certainly casts doubts on the independence and impartiality of
the Malaysian judiciary and tarnishes the reputation of the country’s
legal system."
The
International Federation of Human Rights said, “the conviction of Anwar
Ibrahim is the latest chapter of the ruling coalition’s political
vendatta against him, which has been going on for more than 15 years”
and Karpal Singh has been persecuted under the Sedition Act for merely
expressing a legal opinion that a decision of monarch can be scrutinized
in a judicial process in accordance to the rule of law.
From the Australian Bar statement:
"This further undermines the rule of law in Malaysia."
Human Rights Watch:
"This
really is...trying to knock out the opposition using the courts and
weaken them further so that they cannot cause problems."
"
The politically motivated prosecutions of Karpal Singh and Anwar
Ibrahim appear to be nothing more than cudgels wielded by the government
to make up for losses at the polling booth."
Speaking
on Voice of America, HRW deputy director Phil Robertson said the
verdicts appear to undermine judicial independence. Mr Robertson said:
"You've taken down the head of the opposition in Anwar and you've taken
down the president of the Democratic Action Party which is the second
largest party in the opposition."
The Malaysian Bar:
"Karpal’s
conviction under the 'archaic and draconian' Sedition Act 1948 has
raised the spectre of selective government prosecution."
Lawyers Rights Watch Canada:
"By
seeking to impose criminal punishment and professional restrictions on
Mr Singh for peacefully exercising his right as a citizen and his duty
as a lawyer and a parliamentarian, Malaysia is contravening the
international law obligations it has assumed as a member of the United
Nations, of the Commonwealth and of Asean."
The
former Malaysian Court of Appeal and High Court judge, NH Chan, also
questioned the basis of the Anwar judgement in a blistering blog-attack
on the three judges who ruled against the opposition leader. He said
"citizens...are stunned by the ignorance of our judges".
Below
are links to various statements that have criticised Karpal's and
Anwar's convictions, as well as reports on the statements.
United Nations
Anwar,
the charismatic leader of the opposition coalition, was convicted for
sodomy on 7 March, and Karpal's conviction followed four days later, on
11 March.
Karpal,
73 and wheelchair-bound, was National Chairman of Malaysia's largest
opposition party, the Democratic Action Party (DAP),a multi-racial
lynchpin in Anwar Ibrahim's tri-partite coalition, Pakatan Rakyat (PR).
He resigned his position on 29 March 2014 as a result of his conviction.
– April 3, 2014.
*
This is the personal opinion of the writer or publication and does not
necessarily represent the views of The Malaysian Insider.
Deepa had previously highlighted her situation at a dialogue with Persatuan Hindraf Malaysia chairperson P Waythamoorthy (left), while he was still a deputy minister in the Prime Minister's Department.
