Court takes historic step towards restoring independence of judiciary in Malaysia
The decision of Malaysias highest court to acquit Anwar Ibrahim, the former deputy Prime Minister of Malaysia from all charges marks an important moment in the political and legal history of the country.
Anwar Ibrahim became the symbol manifesting an acute crisis in Malaysia both politically and legally, because of the politically motivated charges that were leveled against him and due to the judgements of the High Court and the Appeal Court finding him guilty for reasons widely perceived as political. The bold judgement of the highest court of Malaysia made on 2 September 2004 is a watershed decision, redeeming the global impression of subjugated judicial independence in Malaysia.
As for Anwar Ibrahim, his courageous stance in facing his jail sentence without any compromise has given him a proud place in the history of human rights not only in his own country but also internationally. What is most praiseworthy is the undaunted struggle of many Malaysians including political activists and Anwar Ibrahims lawyers, in resisting suppression and resolutely fight for his freedom. There are many human rights groups throughout the world who also consistently campaigned against Ibrahims charges and convictions. This proves that public opinion and the independence of the judiciary remain the main pillars on which the protection and promotion of human rights rests and that these can win against even the most draconian laws, extreme political manipulations and shameless subjugation of some sections of the judiciary itself.
It must not be forgotten that Anwar Ibrahim should not have been charged at all. And that the whole affair of bringing him to court was a political machination. Perhaps the first lesson that should be driven into the political and legal structure of the country is that such cases, fabricated for political reasons, should never be brought to court again.
Anwar Ibrahim was only one of the persons in Malaysia who had been forced to undergo prison sentences on the basis of politically maneuvered fabricated charges. Recent decades have seen how easily such charges can be framed and brought up in Malaysian courts. The infamous Internal Security Act allows for such possibilities without allowing for legal redress.
The period of Mahathir Mohamads rule was marred by a colossal attack on the independence of the judiciary in Malaysia. This period would have been traumatic to fair minded lawyers, judges and all freedom minded individuals in the country. Coming shortly after the welcome departure of Mahathir from political power in Malaysia, the judgment freeing Ibrahim will be a relief to all such persons. It could also provide an opportunity to revisit the past and to energize a movement to review and undo the damage done during the last decades to the independence of the judiciary in Malaysia.
The Asian Human Rights Commission (AHRC) sends warm greetings to Anwar Ibrahim and his family and wishes him a speedy recovery from the illnesses that he is now suffering after long years of imprisonment. The AHRC also warmly greets all the democratically minded people in Malaysia who are wishing for speedier reforms.
