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MALAYSIA – A discredited government’s attempts to persecute opponent with archaic sodomy laws

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suaram.jpgThis statement was also released by SUARAM, FORUM-ASIA member in Malaysia,
on 4 February 2010. It concerns the issues of
fair trial, abolition of archaic sodomy laws and the need for the media
to responsible in reporting the trial.
suaram.jpgThis statement was also released by SUARAM, FORUM-ASIA member in Malaysia,
on 4 February 2010. It concerns the issues of
fair trial, abolition of archaic sodomy laws and the need for the media
to responsible in reporting the trial.

(FORUM-ASIA
member SUARAM, 4 February 2010)
 
While the trial of Anwar Ibrahim on the charge of sodomy has drawn international
concerns about whether he will be given a fair trial, the government-controlled
media has today begun their "trial by media" in the same way
they did over Sodomy trial #1. They have given headline prominence to
the accuser's allegations in an attempt to besmirch Anwar's reputation
and integrity. 

In a repeat of the trial of Anwar 12 years ago on charges of corruption
and sodomy, the latest trial bears the characteristic political persecution
of the leader of the Opposition who has since the general elections
of 2008, posed the biggest challenge to the ruling regime since Independence. 

The way the trial has progressed clearly shows that Anwar has been denied
a fair trial. Even before the trial began, the prosecution has refused
to deliver evidence to the defence which is fundamental to ensuring
a fair trial. Consequently, SUARAM does not believe that the current
trial of Anwar will be in any manner fair and just. 

The focus of the government-controlled media in playing up the testimony
of Mohd Saiful at the High Court yesterday is clearly an attempt to
discredit and cast doubts in the minds of the public over the morals
of the former deputy prime minister. 

While issues surrounding the question of a fair trial have drawn national
and international concerns, another serious human rights violation surrounding
the criminal charge on Anwar is the use of the archaic sodomy law of
the country against him. All over the world, including countries in
Asia, antiquated laws on sodomy are being abolished. On 2 July 2009,
the Delhi High Court delivered a historic judgement to amend a 149-year-old
colonial-era law and forthwith decriminalised private consensual sex
between adults of the same sex. India became the 127th country to decriminalise
homosexuality. 

It is a shame that a country like Malaysia, which has in the past chaired
the UN Commission on Human Rights and has been a recent member of the
UN Human Rights Council, not only continues to maintain such archaic
laws criminalising homosexuality but also uses it in a politically-motivated
trial to discredit and neutralise a political challenger. The Barisan
Nasional government's continued pursuance of the political trial of
Anwar Ibrahim and the farcical manner in which the trial progresses
will doubtless discredit Malaysia in the eyes of the international community. 

SUARAM strongly urges the government to drop its charges on Anwar and
further calls for the abolition of our outdated sodomy laws. SUARAM
further calls on the Malaysian media to be responsible in reporting
the trial and not make this a parallel "trial by media".