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Article 11: Right to presumption of innocence until proven guilty at public trial with all guarantees necessary for defence

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Case Study: ANWAR IBRAHIM IN MALAYSIA

  • Anwar Ibrahim, the former Deputy Prime Minister of Malaysia, has been sentenced to a total of 15 years in prison.
  • Initially arrested for alleged corruption, he faced new charges of sodomy whilst under arrest.
  • The court procedures have been widely criticised abroad.

Analysis

The trial and conviction of Anwar Ibrahim has focused international attention on the Malaysian justice system. Although the country's government argues that "this was a fair trial in which the judge took into consideration all the arguments laid out by the prosecution and defence before coming to a verdict", opponents have raised serious concerns.

The prosecution changed key dates during the trial and Anwar's own lawyer Karpal Singh found himself charged with sedition and contempt of court. Media reports - both inside and outside the country - claimed that police interfered with witnesses and that Anwar's co-accused was coerced.

Pictures of the accused politician with a black eye and bruises appeared after his first night in police detention and contributed to concern that he was not being treated fairly.

The former Deputy Prime Minister is serving a total of fifteen years after being convicted for sodomy and abuse of power. His supporters maintain he is a victim of a political conspiracy designed to prevent him challenging the rule of the Prime Minister Mahathir Mohamad after his dismissal in 1998.

Detained initially under the Internal Security Act rather than on straightforward criminal charges of corruption, the sodomy charge was added later.

When the United States, Canada, Australia, New Zealand and the European Union criticised the court procedures, Malaysia accused these countries of violating the "international recognition of judicial process", whereby no country should interfere in the judicial process of another country.

Anwar is appealing.

 
     
     

These case studies are individual examples of the relevance of the Universal Declaration of Human Rights. The rights they refer to are not exclusively relevant to the country or countries mentioned here. Equally, this case study should not be seen as the only human rights issue in this country or group of countries.

 

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