bil. 5 EDISI KHAS |
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6 November 1998
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ANWAR
IS DETAINED ON 20 SEPTEMBER 1998 UNDER THE ISA – EVENTS SUBSEQUENT
Anwar was arrested on September 20, 1998 under the Internal Security Act, 1960, a law that Human Rights Groups consider to be a gross violation of basic human rights. This law permits lengthy detention without charge or trial. Subsequently a number of Anwar's friends and allies were detained under the same law. Some have since been released on condition that they would disavow any statement to the public of any harsh treatment whilst under detention. The first stage of ISA detention provides for up to 60 days of incommunicado detention in solitary confinement. Previous testimonies of detainees confirm use of mental and physical
torture and round the clock interrogation to break down the detainee to
a compliant state. Then detention can be continued for two years at a time
and renewed indefinitely. Anwar has since been released from ISA detention
on 14 October 1998 but has been denied bail.
a) On October 5, 1998, Anwar Ibrahim was charged in the High Court, Kuala Lumpur, on 5 counts of corruption [under section 2 (1) of the Emergency (Essential Powers) Ordinance No 22, 1970] and 5 counts of sodomy [under section 377B of the Penal Code]. He pleaded not guilty to all the charges and asked for trial. The Deputy Public Prosecutor informed the Court that the first 4 charges would be tried (jointly) while the rest would be stayed. However, well before his hearing, there has been unprecedented trial by the Malaysian media, where maximum coverage has been given to speeches/statements made by the Prime Minister, Cabinet Ministers and UMNO leaders saying that Anwar is immoral and is not fit to be the Deputy Prime Minister of the country. A former Inspector-General of Police conveniently revealed in public recently that his officers had gathered evidence of Anwar's homosexuality as far back as 1993. However the former Attorney-General who was holding office at that time said that he was never informed of any such conduct on the part of Anwar by the police then. b) An example of the prejudicial material against Anwar's case in the media is the press statement made by the Prime Minister, Dr Mahathir Mohamad, on September 22, 1998. In this statement he said: "It is quite true that a lot of people still believe in him. I must
say even for me it took me years to believe allegations made against him.
First time I was told about him was by the previous IGP Hanif. I dismissed
it as a false allegation. Subsequently, I was told last year about him.
I dismissed this and I said this is out of sheer jealousy for my man who
is going to be a leader of the party. I had concrete proof that it was
true, before I could leave (sic) but other people cannot very well get
that kind of information that I got. I actually interviewed the people
who were sodomised, the women whom he had sex with, the driver who brought
the women to the place."
The statement made by Dr Mahathir Mohamad on September 22, 1998 included this remark; "We also have proof of his corruption. But I'm not interested in that.
I cannot accept a sodomist to be a leader of this country."
On September
20, 1998 i.e. on the night of Anwar's arrest by the anti-terrorist police
unit known UTK (Unit Tindakan Khas), Anwar was told by a senior police
officer that he was being arrested under section 377D of the Penal Code
(a form of unnatural sex with a jail punishment of up to 2 years). The
next morning, however, Malaysians were told that Anwar was going to be
charged for causing riots in the city. By late evening the same day, the
police announced that Anwar was being detained under the Internal Security
Act. In the Sessions Court on September 29, 1998, Anwar was charged in
Court with 5 counts of corruption (under an Emergency Ordinance) and 5
counts of sodomy under section 377B of the Penal Code.
Anwar Ibrahim made a statement in the Sessions Court on September 29,
1998 that the police had beaten him while held incommunicado under the
Internal Security Act, 1960. Anwar had injuries to his left eye, and suffered
neck and head pains. He was not allowed to see a doctor for 5 days after
the beating.
At the Kuala Lumpur Sessions Court hearing on September 29, 1998, after Anwar was charged, his lawyers made an application to the Court that he be allowed to speak directly and put on record what happened during his beating. The judge took from 12.40 p.m. to 3.00 p.m. to decide to allow him to speak. For most lawyers, there was no question of even having to deliberate the issue when an accused person is asking to inform the court directly of an assault in custody. It is indicative of the kind of pressure brought to bear on the judiciary where they have to wrestle with how the executive might react to their rulings. After Anwar spoke, the Sessions Judge then allowed an application by Anwar's lawyers that a family- appointed eye-specialist be allowed to examine Anwar's eye injury. The Deputy Public Prosecutor objected. The Sessions Judge has now been transferred to the Civil Division of the Sessions Courts. An extract of the medical report issued by Dr Shukri states "When I
examined him on September 29, 1998 he was conscious and rational. He had
a resolving haematoma (blood-clot) and oedema (swelling) with a depression
over the left forehead, a very dense ecchymosis (bruise) over the entire
left upper and lower eyelids and this ecchymosis extended medically into
the left upper-side of his nose and also lower down into the maxillary
(cheek) area. There was tenderness (pain on touching) over the entire area."
At the Petaling Jaya Sessions Court hearing on September 30, 1998, an
application was made for family-appointed private doctors (specialists)
to give Anwar a full medical examination on account of the alleged beating
of Anwar. This was on the basis that his head and spinal injuries needed
attention from different doctors. This request was refused by the Sessions
Judge. She did however allow the request by the Deputy Public Prosecutor
to have Anwar examined by two Government-appointed medical specialists.
Until today, the reports of these specialists have not been made available
to Anwar's family or lawyers. Information has been received that these
doctors are under police pressure with a view to making them tone down
the contents of their reports.
The Prime Minister, Dr Mahathir, while making a public statement saying that the police would investigate the alleged beating, made a remark that Anwar's injuries may have been self-inflicted. |
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