Outside Experts Indict Malaysian Judiciary
International Herald Tribune
April 7, 2000
Elizabeth Olson 

Four international legal groups have criticized government interference with Malaysia's legal system, saying highly publicized cases such as that of former Deputy Prime Minister Anwar Ibrahim show the judiciary is being manipulated for political ends.

The report, called "Justice in Jeopardy: Malaysia in 2000," is the result of a fact-finding mission to Malaysia a year ago and lists suspect cases, including one brought against the Malaysian jurist Param Cumaraswamy, who is the United Nations' expert on the independence of the judiciary.

Mr. Cumaraswamy, who was in Geneva on Thursday to address the annual meeting of the UN Human Rights Commission, said a long-running case brought against him for defaming the Malaysian judiciary "seems to be a threat to my independence and to the entire UN human rights machinery."

The Malaysian lawyer is facing charges even though the International Court of Justice said he has immunity from such suits, and is being confronted in Geneva with an apparent effort by his government to block his reappointment as a human rights expert.

The legal groups urged the Malaysian government and courts to heed the opinion of the international tribunal. As a result of the long-running legal battle, Mr. Cumaraswamy has been forced to leave his law firm after 30 years, and now practices law alone and devotes most of his time to UN work.

Four libel suits were filed against him over a 1995 article entitled "Malaysian Justice on Trial." Mr. Cumaraswamy said he had to speak out on the state of Malaysian justice because "I felt as a special rapporteur, I shouldn't spare my own country."

After losing in Malaysian courts, he appealed and the international tribunal ruled, 14 to 1, last April that he was immune from such suits. But Malaysian courts have so far refused to abide by the ruling.

The United Nations, which has certified his immunity, has paid Mr. Cumaraswamy's expenses and recently sent the $112,000 bill to Prime Minister Mahathir bin Mohamad of Malaysia, asking the government to reimburse the United Nations. No reply has been received so far, Mr. Cumaraswamy said.

If the Malaysian government succeeds against him, Mr. Cumaraswamy said "we will all be subjected to a culture of fear. We might as well close shop."

The legal groups' report found that "the awards of damages in defamation cases are of such magnitude as to be a means of stifling free speech and expression." The 143-page report said the autonomy of lawyers in Malaysia is also under increasing threat and urged the government "to recognize the independent constitutional position of the judiciary and not to interfere with this independence in any way."

The judiciary should act and be seen to act with complete independence "and should do all in its power to counter the harshness of repressive legislation and overbearing actions of the government," the report recommended.

Problems with the independence of lawyers and judges had cropped up only under Mr. Mahathir's rule, according to the report. But spokesmen declined to blame the prime minister directly for interfering with the judiciary. There was no comment from Malaysia's mission to the United Nations.

A spokesman for the International Bar Association, one of the groups backing the report, said the report "expresses serious concern about the fairness of the trial of former deputy prime minister Anwar and the independence and impartiality of the trial judge."

Mr. Anwar has been in jail since last April after being found guilty of corruptly influencing the police to cover up allegations of sexual misconduct brought by his former driver and a woman. He has been on trial since June on a charge of sodomizing the driver. Mr. Anwar denies all charges and said he was framed.

Lim Kit Siang, chairman of the opposition Democratic Action Party, described the report Thursday as a "terrible indictment." He urged the Malaysian human rights commission, whose members were named this week, to "immediately address a grave human rights concern."

The report calls for Malaysia's Internal Security Act and its Sedition Act to be repealed. Karpal Singh, one of Mr. Anwar's lawyers, has been charged with sedition over his comments in court during the sodomy trial.

Lim Kit Siang's son served a year in jail for sedition when he questioned the legal process. His case, the report said, shows "that anyone who dares to criticize the legal or judicial process may have to pay a very heavy price."

In addition to the International Bar Association, the report was sponsored by the Center for the Independence of Judges and Lawyers, the Commonwealth Lawyers' Association and the International Lawyers' Union.

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