Netherlands Institute for Multiparty Democracy

On June 28, Malaysian Opposition Leader and World Movement participant Anwar Ibrahim was accused of sodomy, an accusation, which many believe is politically motivated. Most recently, on July 16, Mr. Ibrahim was arrested, questioned for five hours, and kept in a cell with no bed overnight even though he has consented to fully cooperate in the investigation. To date, Mr. Ibrahim has not been formally charged with any crime. In response, the Steering Committee of the World Movement for Democracy has issued the following statement of concern:

Statement of World Movement for Democracy Steering Committee Concerning Arrest of Malaysian Opposition Leader Anwar Ibrahim (July 24, 2008)

The Steering Committee of the World Movement for Democracy expresses its grave concern about a recent accusation against Malaysian opposition leader Anwar Ibrahim. Mr. Ibrahim served six years in prison for charges stemming from similar accusations of sodomy in 1998 before those charges were overturned by Malaysia's Supreme Court, thus raising strong doubts about the credibility of the current accusation. There are also reasons to believe that the police and attorney general's office are unable to conduct this investigation in an unbiased manner since the leaders of both are currently under investigation themselves for allegations of evidence tampering in Mr. Ibrahim's 1998 cases. We therefore call for a speedy, transparent, and fair investigation of the present allegation against Mr. Ibrahim to avoid a repeat of that earlier travesty of justice. Malaysian law provides for one of the most draconian punishments in the world for even consensual sodomy-20 years in prison plus whipping. In our view, this is in itself a significant human rights concern.

Senior government officials are well aware that Mr. Ibrahim is poised to stand for election to parliament-with a view to leading the opposition to power democratically. The circumstances of his arrest by authorities who have to date not charged him with any crime clearly represent a profound violation of his civil and political rights and suggest that political motives may be at play. We thus join many Malaysian and international organizations, parliamentarians, and governments in expressing concern. As the Malaysian human rights organization SUARAM has asked, "Why was Anwar Ibrahim arrested . . . when he has yet to be charged for any crime? And why to this date have the police failed to provide [his] lawyers a copy of the police report . . . ?" And a joint statement of the National Democratic Institute for International Affairs and the International Republican Institute reads, in part, "The timing of the current [accusation] is of particular concern given [Mr. Ibrahim's] re-emergence on the national political scene since the ban on his involvement in politics expired in April 2008. We hope that the investigation into the allegation is not used as a political tool to silence an outspoken government critic." We could not agree more.

In fact, our concern is heightened even further by additional evidence of the possible misuse of criminal laws to target government critics. SUARAM has also taken issue with criminal defamation charges leveled against Malaysian blogger Raja Petra Kamaruddin for implicating, in a statutory declaration, the deputy prime minister's wife and two others in the murder of a Mongolian national.

We recall with great pride Anwar Ibrahim's words at the Fourth Assembly of the World Movement for Democracy in Istanbul in 2006: ". . . The question is whether the mere phenomenon of elections means that democracy is alive and well, or are there still other fundamental issues to be resolved? Where I come from, the opposition is barred from the air waves, rallies are not allowed, and the opposition newspapers operate underground. If democracy means participation in government in its fullest sense, then the existence of a vibrant opposition is essential as the bulwark against the tyranny of absolute power. . . ." Are we to conclude that, despite its progress since Mr. Ibrahim spoke those words, Malaysia is now returning to the dark days of semi-authoritarian rule? We fervently hope not, but the treatment of Anwar Ibrahim may well answer that question. Thus far, we're not encouraged.

On behalf of the World Movement for Democracy, therefore, we call on the authorities in Malaysia to respect the rule of law in this case, and to bring this untoward investigation to a speedy conclusion.

Mariclaire Acosta, Mexico
Mahnaz Afkhami, Iran
Igor Blazevic, Bosnia
Francesca Bomboko, Democratic Republic of Congo
Kim Campbell, Canada (Chair),
Kavi Chongkittavorn, Thailand
Alicija Derkowska, Poland
Ivan Doherty, Ireland
Han Dongfang, China (Vice Chair)
Yuri Dzhibladze, Russia
Hannah Forster, Gambia
David French, United Kingdom
Carl Gershman, USA*
Paul Graham, South Africa
Jana Hybásková, Czech Republic
Melinda Quintos de Jesus, Philippines
Asma Khader, Jordan Maina Kiai
Kenya Reginald Matchabe-Hove, Zimbabwe
George Mathew, India
Roel von Meijenfeldt, NIMD, The Netherlands
Can Paker, Turkey (Treasurer)
Inna Pidluska, Ukraine
Jacqueline Pitanguy, Brazil
Carlos Ponce, Venezuela
Elizabeth Ungar, Colombia (Secretary)
Yevgeniy Zhovtis, Kazakhstan

* Ex officio as representative of the Secretariat