Anwar Ibrahim sodomy trials
Encyclopedia
The Anwar Ibrahim sodomy trials are a source of considerable political controversy in Malaysia. The first trial was held in 1998, and resulted in former Deputy Prime Minister Anwar Ibrahim
being convicted, and given a nine-year prison sentence. This verdict was overturned in 2004, resulting in Anwar's release from prison. Anwar is currently on trial for similar accusations brought forward by his aide, Mohd Saiful Bukhari Azlan.
into pleading guilty. Anees made a statutory declaration to that effect. However, Dr. Munawar's appeal was rejected by the High Court on October 29, 2008 upholding his guilty sentence. Two of Anwar's secretaries, Ezam Mohamad and Mohamad Azmin Ali, were both held separately as part of police investigations into the "50 reasons" book. Both were later released.
. A photo of Anwar with a black eye (incurred from a beating by then Inspector General of Police Rahim Noor) and one hand raised became a symbol of the political opposition in many reformasi posters.
The black eye was explained by Mahathir Mohamad and Rahim Noor as being "self-inflicted" and caused by "pressing a glass over his eyes". Only after a Royal Commission was convened did Rahim Noor admit that he had administered the beating to Anwar. Rahim apologized for the incident in August 2005. Rahim Noor was eventually charged for the assault and was given a two-month prison sentence and fined 2,000 ringgit.
The defense team implied that DNA samples may have been taken from Anwar, while unconscious, after his beating in police custody, to create false forensics evidence to frame Anwar; however, High Court Judge Augustine Paul accepted that DNA evidence.
Furthermore, the Attorney General's prosecution team (headed by Abdul Gani Patail
) also submitted a scenario in which Dr Munawar Anees took an overnight flight from Britain all the way to Malaysia to be sodomized by Anwar, and flew back to Britain after that. The infamous "stained mattress" that was taken in and out of court over 20 times throughout the duration of the trial, was supposedly the same one that Anwar did his homosexual acts and extramarital sex on. However, according to the evidence, the sexual acts had taken place on the mattress a few years ago, and yet the DNA evidence obtained from it were rather recent in age.
In a speech during the proceedings against him, Anwar explained what he believed to be the underlying motive behind his persecution. He told the court: "I objected to the use of massive public funds to rescue the failed businesses of his (Mahathir's) children and cronies." Both Amnesty International
and Human Rights Watch
expressed doubts about the fairness of the trials. Amnesty International
subsequently designated Anwar as a prisoner of conscience
. The trial also provoked international criticism. Then-U.S. Vice President Al Gore
denounced Anwar's trial as a "mockery", but Mahathir rejected all such international criticism as "foreign interference."
Anwar's wife, Wan Azizah Ismail
, subsequently formed Parti Keadilan Nasional (the National Justice Party, later known as Parti Keadilan Rakyat
or the People's Justice Party), which based its platform on campaigning for Anwar's release and reformasi. At the following general election
, the then-National Justice Party performed poorly in the election, only winning five parliamentary seats.
and whipping under Section 377B of the Malaysian Penal Code.
Anwar responded that the complaint was politically motivated and intended to discredit him, and called it a "complete fabrication" and asserted that he had an alibi. Anwar subsequently filed a lawsuit against Saiful.
Anwar's wife, Wan Azizah Wan Ismail, accused the government of orchestrating the allegations, and alleged that the government was behind the accusations. Prime Minister Abdullah Ahmad Badawi denied the allegation.
On June 30, Anwar took refuge in the compound of the Turkish Embassy in Kuala Lumpur, and left the following day after receiving assurances of his safety by Malaysian police. Anwar promised to cooperate with the investigation, but stated he feared a repeat of the previous trial.
On July 9, 2008, Anwar asked an Islamic court to investigate his former aide. Under Islamic law, anyone making accusations of a sexual crime, such as sodomy, has to produce four witnesses to back up their claim. The witnesses must be credible and male.
Malaysian police issued an arrest warrant
on July 15 for Anwar Ibrahim, and investigating officer Jude Pereira signed and issued the letter requiring Anwar to appear at a police station for questioning before Wednesday at 2 p.m. local time. Counsel Nair said Anwar agreed to the new request for questioning, amid arrest under the Sodomy Act. Home Minister Syed Hamid Albar
demanded that Anwar provide his DNA
: "We have taken DNA (from the accuser) so we have to take Anwar's DNA also." On July 16, 2008 Anwar was arrested by a contingent of 10 police cars (half unmarked and half-patrol) with 20 balaclava-clad masked commandos
, under Section 377A of the Penal Code, outside his home on July 16. He cut short an interview at the headquarters of the Malaysian Anti-Corruption Agency to meet the police deadline, whereupon he was arrested. Anwar complained he was locked-up with hardcore criminals overnight and forced to sleep on the cement floor. The bail required for Anwar's release was RM 10,000.
Anwar eventually released without charges filed, but had to post bail
on July 17, after overnight police detention and after recording his statement at the Kuala Lumpur police headquarters on August 18, 2008.
, on July 20 proposed that international experts be used in the investigation against Anwar, for Koh Tsu Koon
opined this would prevent falsification of DNA
samples. Deputy Police chief Ismail Omar said that the police will not use the 1998 DNA sample collected from Anwar. Kuala Lumpur
Hospital Director Zaininah Mohammed Zain said Anwar was not stripped naked in his medical examination. In February 2010, Anwar appointed three DNA and forensic experts from overseas to help his defence.
On August 15, 2008 Mohd Saiful Bukhari Azlan swore on the Quran that he was sodomised by Datuk Seri Anwar Ibrahim according to Federal Territory Mosque Imam Ramlang Porigi. Ramlang said that he was one of four imams present for the ceremony that was held between 6.15pm and 6.20pm.
On August 7, 2008, Ibrahim pleaded not guilty to "unnatural sex" sodomy
charge (defined as "carnal intercourse against the order of nature") at the Jalan Duta
Court complex and released by Sessions Court Judge Komathy Suppiah on a personal bail
bond of 20,000 ringgit (USD6,090). In November, the judge in the Sessions court struck down the request by Malaysia's Attorney-General Tan Sri Abdul Gani Patail
to transfer the case to the High Court. The reason given was that the certificate signed by the AG was invalid. The judge fixed the court date at November 10.
On August 2, 2010 his lawyers moved to have the charges dropped amid rumors that his accuser was having an affair with a member of the prosecution team. Anwar's defence has continually been refused access to clinical reports by the trial judge during the cross-examination of the HKL doctors who examined Saiful.
Over 50 Australian Parliamentarians from the Government and the Opposition signed a letter formally requesting that Malaysia cease the trial of Anwar. Prime Minister Najib stated that the Australian lawmakers were likely not familiar with the details of the case.
suggested that Prime Minister Najib Tun Razak and his wife were behind the initiation of the sodomy charge. However, the police have strongly disagreed, indicating that Anwar's arrest is supported by the evidence. A shared concern, such as that expressed by veteran UMNO leader Tengku Razaleigh Hamzah
, that the trial will "shame the country the world over" Malaysia's Foreign Ministry on February 8, 2010 cautioned foreign governments against involving themselves in the trial by commenting on or criticising the Malaysian legal system.
Anwar Ibrahim
Anwar bin Ibrahim is a Malaysian politician who served as Malaysian Deputy Prime Minister from 1993 to 1998. Early in his career, Anwar was a close ally of Prime Minister Mahathir bin Mohamad but subsequently emerged as the most prominent critic of Mahathir's government.In 1999, he was sentenced...
being convicted, and given a nine-year prison sentence. This verdict was overturned in 2004, resulting in Anwar's release from prison. Anwar is currently on trial for similar accusations brought forward by his aide, Mohd Saiful Bukhari Azlan.
Corruption accusations
In 1998, a book, 50 Dalil Kenapa Anwar Tidak Boleh Jadi PM ("50 Reasons Why Anwar Cannot Become Prime Minister") was circulated among members of the UMNO General Assembly, containing graphic allegations as well as accusations of corruption against Anwar.Anwar's sacking from office
Anwar was fired from the Cabinet in September, amid police reports that he was under investigation. The following day, he was expelled from UMNO. Dr. Munawar Anees, Anwar's former speechwriter, and Sukma Darmawan Sasmita Atmadja, Anwar's adoptive brother, were arrested under suspicion of engaging in homosexual acts. Five days later, they were given a jail sentence of six months after pleading guilty to "unnatural sex" with Anwar. They later recanted their confessions, and appealed the sentence, claiming to have been coercedCoercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
into pleading guilty. Anees made a statutory declaration to that effect. However, Dr. Munawar's appeal was rejected by the High Court on October 29, 2008 upholding his guilty sentence. Two of Anwar's secretaries, Ezam Mohamad and Mohamad Azmin Ali, were both held separately as part of police investigations into the "50 reasons" book. Both were later released.
Black eye incident
On September 29, 1998 Anwar appeared in court and pleaded innocent to charges of corruption and sodomySodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
. A photo of Anwar with a black eye (incurred from a beating by then Inspector General of Police Rahim Noor) and one hand raised became a symbol of the political opposition in many reformasi posters.
The black eye was explained by Mahathir Mohamad and Rahim Noor as being "self-inflicted" and caused by "pressing a glass over his eyes". Only after a Royal Commission was convened did Rahim Noor admit that he had administered the beating to Anwar. Rahim apologized for the incident in August 2005. Rahim Noor was eventually charged for the assault and was given a two-month prison sentence and fined 2,000 ringgit.
DNA evidence
During the trial, a mattress was presented to court, supposedly stained with Anwar's semen. This was submitted as DNA evidence of Anwar's sexual acts. Anwar denied having anything to do with the mattress, although the DNA tests came out positive. Dr. Lim Kong Boon, a DNA chemist, testified during the trial that DNA taken from 10 of 13 semen stains on the mattress matched Anwar's DNA.The defense team implied that DNA samples may have been taken from Anwar, while unconscious, after his beating in police custody, to create false forensics evidence to frame Anwar; however, High Court Judge Augustine Paul accepted that DNA evidence.
Alleged government interference
During the trial, Mahathir appeared on Malaysian television in a special appearance to explain the arrest of his deputy. This was one of several occasions in which Mahathir declared Anwar guilty of sodomy and homosexual acts, even as the trial still was underway. The government included the statements of the purported victims of Anwar's sodomy attacks, evidence that was widely considered to be tainted. Furthermore, the prosecution was unable to accurately decide on a date that the alleged acts of anal sex had occurred - the government originally alleged that a sodomy had occurred inside a building that had not been constructed at the time of the alleged event.Furthermore, the Attorney General's prosecution team (headed by Abdul Gani Patail
Abdul Gani Patail
Tan Sri Abdul Gani bin Patail is a Malaysian prosecutor. He is the current Attorney General of Malaysia.Abdul Gani was the lead prosecutor in former Deputy Prime Minister Anwar Ibrahim's sodomy trial of 1998.-Background:...
) also submitted a scenario in which Dr Munawar Anees took an overnight flight from Britain all the way to Malaysia to be sodomized by Anwar, and flew back to Britain after that. The infamous "stained mattress" that was taken in and out of court over 20 times throughout the duration of the trial, was supposedly the same one that Anwar did his homosexual acts and extramarital sex on. However, according to the evidence, the sexual acts had taken place on the mattress a few years ago, and yet the DNA evidence obtained from it were rather recent in age.
Sentencing
On April 14, 1999, Anwar was sentenced to six years in prison for corruption and, on August 8, 2000, nine years in prison for sodomy. The sentences were to be served consecutively, and Anwar was given no credit for the six months he spent in jail during the trial. The following year, Anwar's corruption conviction was upheld by Malaysia's Court of Appeal. In July 2002, Anwar lost his final appeal against the corruption conviction in the Federal Court. In September 2004 the Federal Court overturned his sodomy conviction.In a speech during the proceedings against him, Anwar explained what he believed to be the underlying motive behind his persecution. He told the court: "I objected to the use of massive public funds to rescue the failed businesses of his (Mahathir's) children and cronies." Both Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
and Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
expressed doubts about the fairness of the trials. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
subsequently designated Anwar as a prisoner of conscience
Prisoner of conscience
Prisoner of conscience is a term defined in Peter Benenson's 1961 article "The Forgotten Prisoners" often used by the human rights group Amnesty International. It can refer to anyone imprisoned because of their race, religion, or political views...
. The trial also provoked international criticism. Then-U.S. Vice President Al Gore
Al Gore
Albert Arnold "Al" Gore, Jr. served as the 45th Vice President of the United States , under President Bill Clinton. He was the Democratic Party's nominee for President in the 2000 U.S. presidential election....
denounced Anwar's trial as a "mockery", but Mahathir rejected all such international criticism as "foreign interference."
Anwar's wife, Wan Azizah Ismail
Wan Azizah Wan Ismail
Yang Berbahagia Datuk Seri Wan Azizah Wan Ismail is a Malaysian politician. She is currently the president of Parti Keadilan Rakyat and she was the Member of Parliament for Permatang Pauh from 1999 to 2008. She was also the Leader of Opposition in Dewan Rakyat from March 2008 until 31 July 2008...
, subsequently formed Parti Keadilan Nasional (the National Justice Party, later known as Parti Keadilan Rakyat
Parti Keadilan Rakyat
The People's Justice Party , often known simply as KeADILan) is a centrist political party in Malaysia formed in 2003 by a merger of the National Justice Party and the older Malaysian People's Party...
or the People's Justice Party), which based its platform on campaigning for Anwar's release and reformasi. At the following general election
Malaysian general election, 2004
General elections were held in Malaysia on March 21, 2004. The incumbent National Front government of Prime Minister Dato' Seri Abdullah Ahmad Badawi was re-elected with an increased majority.-Election results:...
, the then-National Justice Party performed poorly in the election, only winning five parliamentary seats.
Allegations
On June 29, 2008, an aide to Anwar Ibrahim, Mohd Saiful Bukhari Azlan, lodged a police report claiming that he had been sodomised by Anwar. Sodomy, even if consensual, is punishable by up to 20 years imprisonmentImprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
and whipping under Section 377B of the Malaysian Penal Code.
Anwar responded that the complaint was politically motivated and intended to discredit him, and called it a "complete fabrication" and asserted that he had an alibi. Anwar subsequently filed a lawsuit against Saiful.
Anwar's wife, Wan Azizah Wan Ismail, accused the government of orchestrating the allegations, and alleged that the government was behind the accusations. Prime Minister Abdullah Ahmad Badawi denied the allegation.
On June 30, Anwar took refuge in the compound of the Turkish Embassy in Kuala Lumpur, and left the following day after receiving assurances of his safety by Malaysian police. Anwar promised to cooperate with the investigation, but stated he feared a repeat of the previous trial.
On July 9, 2008, Anwar asked an Islamic court to investigate his former aide. Under Islamic law, anyone making accusations of a sexual crime, such as sodomy, has to produce four witnesses to back up their claim. The witnesses must be credible and male.
Malaysian police issued an arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
on July 15 for Anwar Ibrahim, and investigating officer Jude Pereira signed and issued the letter requiring Anwar to appear at a police station for questioning before Wednesday at 2 p.m. local time. Counsel Nair said Anwar agreed to the new request for questioning, amid arrest under the Sodomy Act. Home Minister Syed Hamid Albar
Syed Hamid Albar
Tan Sri Syed Hamid bin Syed Jaafar Albar , is a Malaysian politician and the former Malaysian Minister of Home Affairs. He is currently the chairman of the Land Public Transport Commission. He is also a member of the United Malays National Organisation , part of the ruling Barisan Nasional...
demanded that Anwar provide his DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
: "We have taken DNA (from the accuser) so we have to take Anwar's DNA also." On July 16, 2008 Anwar was arrested by a contingent of 10 police cars (half unmarked and half-patrol) with 20 balaclava-clad masked commandos
Commandos
Commandos is a stealth-oriented real-time tactics game series, available for Microsoft Windows and Mac OS X. The game is set in the Second World War and follows the escapades of a fictional British Commandos section. It leans heavily on historical events during WWII to carry the plot...
, under Section 377A of the Penal Code, outside his home on July 16. He cut short an interview at the headquarters of the Malaysian Anti-Corruption Agency to meet the police deadline, whereupon he was arrested. Anwar complained he was locked-up with hardcore criminals overnight and forced to sleep on the cement floor. The bail required for Anwar's release was RM 10,000.
Anwar eventually released without charges filed, but had to post bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
on July 17, after overnight police detention and after recording his statement at the Kuala Lumpur police headquarters on August 18, 2008.
Evidence
In July 2008, Anwar produced a medical report that he argued demonstrated that he had not assaulted Saiful. Having produced the report, Anwar requested police drop their investigation into the alleged sodomy. Parti Gerakan Rakyat MalaysiaParti Gerakan Rakyat Malaysia
The Malaysian People's Movement Party is a political party in Malaysia. The party was founded on March 24, 1968, and , it is part of the ruling National Front coalition....
, on July 20 proposed that international experts be used in the investigation against Anwar, for Koh Tsu Koon
Koh Tsu Koon
Tan Sri Dr. Koh Tsu Koon is a Malaysian politician. He was the Chief Minister of Penang from 1990 to 2008 and is currently a member of the Dewan Negara, the upper house of the Malaysian Parliament...
opined this would prevent falsification of DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
samples. Deputy Police chief Ismail Omar said that the police will not use the 1998 DNA sample collected from Anwar. Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
Hospital Director Zaininah Mohammed Zain said Anwar was not stripped naked in his medical examination. In February 2010, Anwar appointed three DNA and forensic experts from overseas to help his defence.
On August 15, 2008 Mohd Saiful Bukhari Azlan swore on the Quran that he was sodomised by Datuk Seri Anwar Ibrahim according to Federal Territory Mosque Imam Ramlang Porigi. Ramlang said that he was one of four imams present for the ceremony that was held between 6.15pm and 6.20pm.
On August 7, 2008, Ibrahim pleaded not guilty to "unnatural sex" sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
charge (defined as "carnal intercourse against the order of nature") at the Jalan Duta
Jalan Duta
Jalan Duta is a major road in Kuala Lumpur, Malaysia which spans from the adjoining roundabout of Jalan Kuching, which the high flyover would take traffic straight into Jalan Ipoh and ends at the Parliament where it adjoins Jalan Mahameru...
Court complex and released by Sessions Court Judge Komathy Suppiah on a personal bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
bond of 20,000 ringgit (USD6,090). In November, the judge in the Sessions court struck down the request by Malaysia's Attorney-General Tan Sri Abdul Gani Patail
Abdul Gani Patail
Tan Sri Abdul Gani bin Patail is a Malaysian prosecutor. He is the current Attorney General of Malaysia.Abdul Gani was the lead prosecutor in former Deputy Prime Minister Anwar Ibrahim's sodomy trial of 1998.-Background:...
to transfer the case to the High Court. The reason given was that the certificate signed by the AG was invalid. The judge fixed the court date at November 10.
Second trial
Anwar’s sodomy trial, his second since 1998, began on February 3, 2010.On August 2, 2010 his lawyers moved to have the charges dropped amid rumors that his accuser was having an affair with a member of the prosecution team. Anwar's defence has continually been refused access to clinical reports by the trial judge during the cross-examination of the HKL doctors who examined Saiful.
Inconsistencies and contradictions found during witnesses' testimonies
- It was discovered during testimonies by government doctors, that Saiful went for a medical checkup two days after the alleged incident.
- Government doctors had claimed that semen was discovered in Saiful's anus, after Saiful had claimed that he did not excrete or go to the toilet for two days. The doctors also made claims that semen could remain in a person's rectum for 72 hours.
- Government doctors had also made claims that semen was found in Saiful's mouth after doing an oral examination. Saiful previously had claimed not to have eaten or drank any water during the two days. The doctors also admitted that there were no tests done to confirm it was semen.
- Three different DNA samples were discovered in semen found in Saiful's anal region and clothes according to a government chemist.
- It was revealed in the medical form stated that there was attempted sodomy, while the doctors claimed that Saiful never used the word attempted.
International reaction
The sodomy charges against Anwar have sparked numerous criticisms and expressions of concern from overseas. Political leaders from the United States, Australia, and other governments have commented on the case, damaging Malaysia reputation as a progressive, Islamic democracy. Amnesty International and other human rights groups have condemned the charges against Anwar.Over 50 Australian Parliamentarians from the Government and the Opposition signed a letter formally requesting that Malaysia cease the trial of Anwar. Prime Minister Najib stated that the Australian lawmakers were likely not familiar with the details of the case.
Local reaction
Local reaction to the trial is split between supporters of different governmental factions. Opposition supporters believe there is a conspiracy to discredit him. Prominent opposition MP Karpal SinghKarpal Singh
Karpal Singh is a Malaysian lawyer and politician, who has been the Member of Parliament for the neighbourhood of Bukit Gelugor in the state of Penang since 2004...
suggested that Prime Minister Najib Tun Razak and his wife were behind the initiation of the sodomy charge. However, the police have strongly disagreed, indicating that Anwar's arrest is supported by the evidence. A shared concern, such as that expressed by veteran UMNO leader Tengku Razaleigh Hamzah
Tengku Razaleigh Hamzah
Tan Sri Tengku Razaleigh bin Tengku Mohd Hamzah is a major Malaysian political figure from the state of Kelantan, and a former Finance Minister. He is an uncle of the current Raja Perempuan of Kelantan. Tengku is a Malay hereditary title usually translated as prince...
, that the trial will "shame the country the world over" Malaysia's Foreign Ministry on February 8, 2010 cautioned foreign governments against involving themselves in the trial by commenting on or criticising the Malaysian legal system.