ALIRAN
   Home     Aliran Monthly    Statements   Human Rights    NGOs   Links   Join Us   About Us   

Letter to the Media

Anwar should be Out on Bail

bars Justice delayed is justice denied. In Datuk Seri Anwar Ibrahim's case, there is no doubt in the minds of many that he is a victim of both the delay and the denial.

It is very disconcerting to our notion of justice and fairness that his appeal that was scheduled for 14 January 2002 has once again been postponed without a new date being fixed. This is the third time that his appeal has been postponed.

It is very disturbing that neither Anwar nor his lawyers were notified of the reason for the deferment. It is even more alarming that this application for the postponement was not made in open court on the date set for the appeal. If it had been, it would have enabled Anwar's lawyers to consider the merit of the application or to object to it on the grounds that it could be frivolous. Arguments submitted would certainly have put the deciding authority in a better light in considering this application for a postponement. Under the circumstances, any decision so made will be viewed with suspicion by the discerning public.

As it is, it is very regrettable that this postponement is treated like an administrative decision and conveyed to Anwar's lawyers by fax on 11 January 2002. It is rather unfortunate that the courts dealing with Anwar's case come across in the eyes of the public as being particularly harsh and cruel to Anwar:

  • His is a bailable offence; yet, the court had refused him bail.
  • His sentencing did not commence from the date of detention but from the date of conviction, making his incarceration intolerably longer.
  • 28 days of evidence adduced in open court that could have favoured Anwar was expunged from the records.
  • The present postponement is granted without any cogent reason being disclosed.
  • The appellant's lawyers were denied the opportunity to object to and oppose the application for deferment.
The courts should be very concerned with the liberty of a person and ensure that no man is deprived of even a single moment of that precious liberty without a just cause. It's the court's responsibility to safeguard and protect the freedom of an individual under all circumstances.

It is totally unfair to delay Anwar's appeal and to prolong his incarceration. It appears that he is already being punished when he has not exhausted all his legal remedies. His solitary confinement is an on-going punishment that he has to suffer and endure.

gani Anwar's denial of bail deserves to be reconsidered. The environment and conditions that existed then which contributed to the rejection of Anwar's bail are no longer present or threatening. Any decision to detain Anwar any further is certainly cruel and bereft of any humanity.

Aliran calls upon both the courts and the AG's Chambers to review the issue of bail sympathetically and positively. This will be very much in keeping with the much-heralded slogan of a caring society that we are so fond of propagating.

It is in this spirit that we appeal to the authorities to release Anwar on bail.

P Ramakrishnan
President
17 January 2002