The Serious Charges Against Anwar:
Natural Justice Must Prevail

Aliran is deeply distressed at the outlandish allegations levelled at Anwar in four affidavits filed in the High Court yesterday. It is important to bear in mind, however, that they are only allegations as of now. The fact is the truth of these allegations have not yet been verified or established.

Aliran desperately hopes that Anwar will not be detained under either the obnoxious Internal Security Act or the despicable Official Secrets Act. Both are undemocratic laws. The ISA and other similar draconian laws shamelessly deny an accused the fundamental right of self-defence that he or she is entitled to under the principles of natural justice. It is precisely because the ISA can be used to stifle critics and dissenting views that Aliran and other groups in the country have vehemently opposed this patently unjust law.

Whatever his alleged crimes may be, Anwar should be charged in open court to establish the truth of the allegations. He should be given every opportunity to defend himself and clear his name. This would be conduct befitting a civil society - conduct that will not sully our civilised notion of justice.

If, on the other hand, all legitimate avenues are blocked and the doors of the democratic process are slammed in Anwar’s face, it will take little persuasion to believe his claim that there was indeed a high level conspiracy to topple him. The evidence that Anwar claims to possess - “documents, tapes and statutory declarations under oath” - to deflect all these  nefarious allegations and to prove his innocence should be scrutinised in an open court of law.

As a human being, he deserves that right. It doesn’t speak well for the state of justice in our country when the number two man has to cry out for justice. It is very depressing to hear Anwar’s plea for justice: “If I as number two man in the country cannot be assured of justice, then it is a great shame for the country.”

It makes a mockery of our professed allegiance to transparency when Malaysians remain in the dark as to why Anwar was dismissed. It is no longer a party matter. Anwar is a national leader and if his alleged crimes are so serious as to warrant his dismissal, Malaysians have a right to know the reason.

This right to know should not be confused with the Prime Minister’s prerogative to appoint or dismiss a member of the Cabinet. Nobody is questioning that prerogative. But, as citizens, we have a right to know why a leader is being dismissed. It is not something to be confined among 41 individuals behind closed doors.

Besides disclosing the reasons, we hope the government will also dispel the sinister feeling that is emerging of a possible crackdown against activists and dissidents.
 

P Ramakrishnan
President
4 September 1998