The Centre for Independent Journalism (CIJ) is deeply concerned by the ‘conditional pardon’ granted to former Prime Minister Najib Razak.
This would allow him to serve the remainder of his prison sentence in the SRC International case under house arrest until 23 August 2028, subject to the payment of a RM50m fine and compliance with the conditions imposed.
This raises fundamental questions about transparency, equal justice and Malaysia’s commitment to fighting corruption.
We recognise and respect the constitutional role of the Agong and his powers to grant such a conditional pardon.
Nonetheless, decisions involving a former prime minister convicted of offences linked to corruption and misuse of public funds are matters of legitimate and profound public interest.
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Of particular concern is the continued lack of transparency surrounding the decision.
While the legal affairs division of the Prime Minister’s Department has announced the outcome of the pardons board meeting, the substantive grounds on which the conditional pardon was granted have not been made public. The full conditions attached to Najib’s house arrest have similarly not been disclosed. The public has a right to know!
CIJ calls for the government and related institutions to provide the public with clear, justifiable and immediate information on the decision, including:
- The legal and constitutional basis for the conditional pardon and house arrest arrangement
- The full conditions attached to the pardon
- How those conditions will be monitored and enforced
- What safeguards are in place to ensure equal and consistent treatment of prisoners granted similar access to and form of pardon or clemency to avoid the perception of ‘antara dua darjat’ (double standards)
- The institutional process through which the decision was considered by the pardons board
Non-disclosure in matters of such profound public interest undermines the ability of journalists, civil society and the wider public to scrutinise decision-making and hold institutions accountable.
This culture of secrecy is especially difficult to reconcile with the government’s stated commitments to good governance, accountability and combating corruption.
A credible anti-corruption agenda cannot rest solely on the investigation and prosecution of corruption. It must also guarantee transparency in the institutions and processes that determine how consequences imposed for corruption are subsequently altered or administered.
The public trust was already eroded when the SRC International conviction was halved to six years and Najib’s original RM210m fine reduced to RM50m following the previous decision by the pardons board in 2024.
The latest development once again demonstrates why Malaysia urgently needs a robust and rights-based right to information law.
The public and Malaysia as a nation have spent years facing tear gas and intimidation as we confronted the consequences of grand corruption arising from the 1MDB scandal.
The people of Malaysia deserve answers and the confidence that justice is applied fairly, consistently and without regard to political status or proximity to power.
We urge the government to demonstrate that no one is above the law and the fight against corruption is only meaningful if the perceived principle of ‘antara dua darjat’ is seen to be completely eliminated. – CIJ
Wathshlah G Naidu is the executive director of the Centre for Independent Journalism.
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