CASE N° MAL/15 - ANWAR IBRAHIM - MALAYSIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 168th session (Havana, 7 April 2001)

The Inter-Parliamentary Council,

Referring to the outline of the case of Mr. Anwar Ibrahim, a member of the House of Representatives of Malaysia, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/168/13(c)-R.1), and to the relevant resolution adopted at its 167th session (October 2000),

Recalling the following information on file:

• After his arrest in September 1998, Mr. Anwar Ibrahim was assaulted by the then Inspector General of Police, Rahim Noor. Following the findings of a specially instituted Royal Commission, Rahim Noor was charged with causing grievous bodily harm. He pleaded guilty only after the charge was amended to the lesser offence of "causing hurt". In March 2000, Rahim Noor was found guilty of that charge, fined US$ 530, sentenced to two months' imprisonment and granted bail pending appeal;
• Mr. Anwar Ibrahim was found guilty on 14 April 1999 of corrupt practices and sentenced to six years' imprisonment. On 29 April 2000, the Court of Appeal upheld the verdict, ruling that there "was no doubt whatsoever" that Anwar Ibrahim had abused his official powers by ordering the police in 1997 to intimidate two people into withdrawing sexual allegations against him. Mr. Anwar Ibrahim has now appealed to the last instance, the Federal Court;
• On 8 August 2000, the Kuala Lumpur High Court found Mr. Anwar Ibrahim and his adoptive brother, Mr. Sukma Darmawan, guilty of sodomy and sentenced them to nine and six years' imprisonment, respectively; an appeal is pending,

Recalling also its deep concerns with respect to (a) the statements made by persons questioned or accused in connection with the above case that testimony had been extracted from them under duress, (b) the instances of harassment of defence lawyers and interference with their duty to defend their clients to the best of their ability, referred to in the Committee's report, and (c) Anwar Ibrahim's state of health,

Noting that the Malaysian delegation to the 105th Conference (April 2001) submitted to the Committee, during the session it held on the occasion of the Conference, a comprehensive document presenting detailed comments and explanations on the points referred to above, in particular the contempt of court judgment regarding defence counsel Zakaria, the sedition charge brought against defence counsel Karpal Singh, the "confession" of Sukma Darmawan and the applicable rules of evidence, the Malaysian "Lock-up Rules", Anwar Ibrahim's ill-treatment by the Inspector General of Police, general conditions of detention and Malaysia's position in regard to international human rights standards, as well as on the Council's position in the case of Mr. Anwar Ibrahim,

Considering that that the Committee wishes to give that document its full and thorough attention,

1. Thanks the Malaysian delegation for submitting detailed comments on this case;

2. Considers it essential that, in line with its Procedure, the Committee devote the necessary time to studying the comments put forward by the Malaysian delegation, and consequently requests it to report to it at its next session (September 2001) with a presentation of its conclusions.

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