Malaysia top-party foe off to jail
Politician convicted of sodomy lashes out at judicial system
PUTRAJAYA, Malaysia — Malaysian opposition leader Anwar Ibrahim began a fiveyear prison sentence Tuesday after a court rejected his final appeal against a sodomy conviction, a decision he called a “murder of judicial independence” and human-rights groups condemned as unjust.
The case was widely seen as politically motivated to eliminate any threats to the ruling coalition, whose popularity has slowly been eroding since 2008 after more than five decades of unquestioned dominance. Anwar is the most popular, vocal and visible symbol of the opposition’s resurgence and had become a potent political threat to Prime Minister Najib Razak.
Police led Anwar out of the court to start serving his sentence.
“I have to go. Time’s up,” the 67-year-old politician told his supporters inside the court. “I will miss you all,” he said, bowing to them before walking out.
Anwar was accused of sodomizing Saiful Bukhari Azlan, then 23, who was working as an aide in the opposition campaign office in 2008.
Homosexuality is a crime in Muslim-majority Malaysia and is punishable by up to 20 years in prison and by whipping, although prosecutions are rare.
Anwar was acquitted by the High Court in 2012, but the Appeals Court overturned the acquittal in March last year and sentenced him to five years in prison. Anwar appealed in Federal Court, which in its ruling Tuesday said there was “overwhelming evidence” to support the conviction.
“It is beyond reasonable doubt that [Saiful] was sodom- ized by the appellant. The appeal is dismissed,” said Justice Arifin Zakaria, who read the verdict for two hours on behalf of the five-judge panel.
Saiful said he submitted to sodomy because he was afraid of Anwar.
Now 30, Saiful has married and has a son. He said on his blog Tuesday that he is thankful for the judgment and that it proved the court found him a credible witness.
“What is important is that I and my family can now move forward,” he wrote.
The verdict brought forth a torrent of criticism from local and international human-rights groups including Amnesty International, Human Rights Watch and the International Federation for Human Rights. They called the verdict “disgraceful,” a “black day” and “totally unjust.”
In Washington, the White House issued a statement saying the United States “is deeply disappointed with Mr. Anwar’s conviction” and that the trial “raised a number of serious concerns about rule of law and the fairness of the judicial system in Malaysia.”
Malaysian human-rights group Suaram said the political nature of the trial was apparent from the fact that Saiful had met with the prime minister and senior officials before making a police complaint, medical records had shown no penetration, and one of Anwar’s lawyers was charged twice with sedition for criticizing the Appeals Court judgment.
“The Federal Court’s verdict is the disgraceful conclusion of a relentless judicial campaign against Anwar Ibrahim. Malaysia’s judiciary failed to demonstrate its independence from the executive branch in a trial that had clear political motivations,” International Federation for Human Rights President Karim Lahidji said.
The Federal Court said Anwar’s allegation that the case was a political conspiracy “remains an allegation, unsubstantiated by any facts whatsoever.” It also rejected the defense argument that semen samples taken from Saiful’s body were tampered with by police.
Addressing the judges from the dock after the verdict, Anwar said, “You have become partners in crime in the murder of judicial independence,” prompting them to get up and walk out of the room, with Justice Arifin heard saying, “I don’t need to hear all this.”
Anwar, however, continued speaking from the dock. “Allah be my witness. I pledge that I will not be silenced. I will fight on for freedom and justice. I will never surrender.”
“I maintain my innocence. This to me is a fabrication coming from a political conspiracy to stop my political career,” he said.
In a statement released minutes after the verdict, the prime minister’s office said Anwar’s case has gone through an exhaustive legal process, and that the case was filed by an individual, not the government.
“The process is now complete and we call on all parties to respect the legal process and judgment. … Malaysia has an independent judiciary, and there have been many rulings against senior government figures,” it said.
Anwar previously was imprisoned for six years after being ousted as deputy prime minister in 1998 on earlier charges of sodomizing his former family driver and abusing his power. He was freed in 2004 after Malaysia’s top court quashed that sodomy conviction.
That case also was widely seen as politically motivated, as it came at a time when he was locked in a power struggle with then-Prime Minister Mahathir Mohamad.