Release Anwar Ibrahim, arbitrarily detained for 1,000 days
| Publisher | International Federation for Human Rights |
| Publication Date | 6 November 2017 |
| Cite as | International Federation for Human Rights, Release Anwar Ibrahim, arbitrarily detained for 1,000 days, 6 November 2017, available at: https://www.refworld.org/docid/5a0c88d84.html [accessed 7 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The Malaysian government must immediately and unconditionally release former opposition leader Anwar Ibrahim, FIDH and its member organization Suara Rakyat Malaysia (SUARAM) said today, to mark 1,000 days of Anwar's latest imprisonment. Anwar, who turned 70 in August, remains incarcerated in Sungai Buloh prison, Selangor State.
In an opinion adopted on 1 September 2015, the United Nations (UN) Working Group on Arbitrary Detention (WGAD) deemed Anwar's detention arbitrary and called for his immediate release and the reinstatement of his political rights.
FIDH and SUARAM also reiterate their call for Malaysian authorities to guarantee Anwar's rights, including his rights to receive adequate medical care in accordance with relevant international standards.
Anwar is suffering from continuous pain to his right shoulder, which has worsened after a recent car accident that took place during his transfer from Kuala Lumpur General Hospital (KLHG) to Sungai Buloh prison in late September 2017. Anwar was receiving treatment for high blood pressure at KLGH.
On 16 October 2017, during a prison visit by his family members, Anwar complained of not being able to move his right shoulder and perform basic functions like writing without suffering acute pain. Orthopedic specialists recommended that Anwar undergo shoulder replacement surgery due to a tear in his shoulder rotator cuff. However, the prison's medical facility is ill-equipped to perform such surgery and prison authorities have denied Anwar's requests to receive surgery outside of the prison.
Rule 24 of the UN Standard Minimum Rules for the Treatment of Prisoners (also known as the 'Nelson Mandela Rules') states that prisoners "should enjoy the same standards of health care that are available in the community." Rule 27 stipulates that "prisons shall ensure prompt access to medical attention in urgent cases" and that "prisoners who require specialized treatment or surgery shall be transferred to specialized institutions or to civil hospitals."
Background
Anwar Ibrahim has been detained since 10 February 2015, when the Federal Court in Putrajaya upheld the Court of Appeals' decision to convict Anwar on charges of sodomy (Article 377 of the Criminal Code) and sentenced him to five years in prison. FIDH observed both the Court of Appeals and the Federal Court hearings for Anwar and found that the proceedings failed to meet international standards for fair trials.
On 18 January 2017, the Court of Appeals ruled that Anwar has standing to petition the Federal Court to determine if he has the constitutional right to challenge the Pardons Board's decision to reject his request for clemency. A date for the case to be heard in the Federal Court has not been set.
Anwar's family filed a petition for a royal pardon to the Malaysian King on 24 February 2015. The request was rejected by the Pardons Board, which advises the King on candidates for clemency, on 16 March 2015. On 24 June 2015, Anwar and his family filed a legal challenge against the Pardons Board's decision. On 15 July 2016, the Kuala Lumpur High Court dismissed Anwar's challenge.
If his bid to obtain clemency fails, Anwar is expected to be released by mid-2018, as a result of the Malaysian practice to grant a one-third reduction of jail terms to prisoners with good behavior. However, his conviction renders him ineligible to stand as a candidate in the next general election that must be held by 2018.
