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(New York) - The decision of Malaysia’s highest court to overturn the conviction of former Deputy Prime Minister Anwar Ibrahim is an historic moment for the rule of law in Malaysia, Human Rights Watch said today. But the ruling highlights the continuing detention without charge or trial of nearly 100 security detainees in Malaysia.

In his final appeal before Malaysia’s Federal Court, Anwar won his release yesterday following six years in prison after the court voted 2-1 to overturn his sodomy conviction. In its decision, the court cited the unreliability of one of the main prosecution witnesses as the central reason for its decision.

Anwar’s case is widely viewed as a barometer of human rights and political freedom in Malaysia. Human Rights Watch renewed its call on the government to begin processing the cases of Internal Security Act (ISA) detainees, some of whom have been held without trial for more than three years.

“It took six years for Anwar to get a fair hearing,” said Sam Zarifi, deputy director of the Asia division of Human Rights Watch. “The hundred or so other detainees still held under the Internal Security Act shouldn’t have to wait that long. The Malaysian government needs to either charge them with a crime or release them.”

Human Rights Watch also expressed hope that Anwar’s acquittal might signal a renewed commitment to judicial independence in Malaysia. Anwar’s conviction and the repeated denial of his appeals were widely viewed as undercutting judicial independence in Malaysia

“At some point, the Malaysian courts will again be called upon to render justice in a politically charged case,” said Zarifi. “They must be able to hear cases free of outside pressure. That didn’t happen with Anwar until today.”

Anwar was arrested on September 20, 1998. He was initially held under Malaysia’s draconian Internal Security Act, and while in custody he was beaten by the then-national chief of police. He was convicted of corruption and sodomy following two separate trials in 1999 and 2000 respectively and sentenced to consecutive terms of six and nine years.

Both the trials and appeals were marred by serious violations of due process. The prosecution repeatedly amended the charges against Anwar in an apparent attempt to nullify Anwar’s alibi, and government witnesses made contradictory statements about their contact with the accused.

In a May 25 report, In the Name of Security: Counterterrorism and Human Rights Abuses under Malaysia’s Internal Security Act, Human Rights Watch documented how the government has extensively violated the due process rights of alleged militants. Detainees have been held for years without charge or trial, and were initially denied access to an attorney. Human Rights Watch also documented physical and psychological abuse against ISA detainees.

Anwar’s co-accused, Sukma Darmawan, also had his conviction overturned. Sukma had also served more than six years in prison, and was also convicted of sodomy in a trial that was marred by the same due process violations as in Anwar’s case.

While it is still too early to say whether Anwar’s release signals a change in approach to human rights by the Malaysian government under Prime Minister Abdullah Badawi, it is nonetheless a very significant development. Human Rights Watch called on the Malaysian government to follow up Anwar’s release with reforms to laws that infringe on the rights to free expression, association and assembly.

“Anwar is free, but peaceful political activity is still subject to persecution,” said Zarifi. “Prime Minister Abdullah should take this opportunity to engage in the type of wide-ranging reforms that have long been promised but still haven’t been delivered.”

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