Anwar trial under Malaysian justice

(First Letter)
From Lord Lester of Herne Hill, QC

Sir, The Acting High Commissioner for Malaysia protests too much (letter, September 30). Your leading article, "The regime in Malaysia" (September 20), was entirely fair.

What the Acting High Commissioner omitted to mention was that Dr Mahathir and his Government have gravely undermined the independence of the judiciary in Malaysia.  A decade ago they procured the removal of the Lord President of the Supreme Court of Malaysia (Tun Salleh bin Abas) and two other judges of the Supreme Court (Tan Sri Wan Suleiman and Datuk George Seah).

In its more than 30 years of existence as an independent nation, Malaysia has been fortunate to be endowed with a judiciary which has demonstrated the highest traditions of judicial independence. That tradition was tarnished by the events of 1988, further details of which can be found in Professor F. A. Trindade's 1990 article in The Law Quarterly Review.

Since then, the Supreme Court of Malaysia has ruled that there cannot be any judicial review of the detention without trial of people under the Internal Security Act, even if the detention is for improper political purposes and in bad faith.

More recently, Param Cumaraswamy, the United Nations Special Rapporteur on the Independence of the Judiciary, was sued for libel in the Malaysian courts for having criticised a lack of judicial independence. Massive damages were awarded against him and the UN has now referred the matter to the International Court of Justice on the basis that it threatens the special rapporteur's ability to carry out his functions.

In these circumstances it is reasonable to ask whether Anwar Ibrahim can expect a fair trial of the charges now levelled against him.

Yours sincerely,
ANTHONY LESTER,
18-20 Outer Temple,
222 Strand, WC2 1BA.
September 30.

(Second Letter)
From Mrs G. A. Aziz

Sir, It is amazing that the Acting High Commissioner of Malaysia has the nerve to state that Anwar Ibrahim's life and safety were not in danger. As you report today, Anwar's wife has alleged that he has been cruelly brutalised in custody by the police. Both the Prime Minister and the Inspector General of Police have to answer to the people of Malaysia for the inhumanity meted out to Anwar, his family and colleagues.

Under the Internal Security Act 1960 one can be jailed for 60 days without trial and this can be extended indefinitely at the Prime Minister's discretion.

Such inhuman and draconian laws do not apply in civilised nations but only in totalitarian states.

Yours sincerely,
G. A. AZIZ,