More Than
One Winner
in Anwar Ibrahim's
Freedom
Anil
Netto
The
dramatic Federal Court decision to free jailed ex-Malaysian deputy
prime minister Anwar Ibrahim after six years of incarceration will have
far-reaching implications for Malaysia.
There is more than one winner arising from the decision. Apart from giving
Anwar a new lease of life, the court ruling will also provide a boost for the
reformist credentials of Malaysia's new Prime Minister Abdullah Ahmad Badawi.
Similarly, it will improve the public's perception of the judiciary
-- which has been severely criticised as lacking independence and towing the
government line.
The stunning 2-1 Federal Court verdict last month overturning
Anwar's sodomy conviction came exactly six years after his dramatic sacking from
government by then premier Mahathir Mohammed on Sep. 2, 1998.
It was the last realistic avenue for freedom for the ailing Anwar,
who would otherwise have remained in jail until 2009.
Thursday's Federal Court decision went against the flow of a stream
of unfavourable judicial rulings against Anwar over the years.
His release is easily the biggest political development in Malaysia
since Mahathir shocked the world by announcing his own
decision two years ago to step down.
"The judges who reviewed and released Anwar will long be remembered
for their courage in righting an injustice that has
festered as a gnawing wound in the fabric of our politics," P Ramakrishnan,
president of the human rights group Aliran, told
Inter Press Service.
He also paid tribute to Anwar's defence lawyers, who he said would
be admired for their perseverance in persisting with the
case despite formidable odds.
Anwar's sacking and subsequent public humiliation in September 1998
sparked 'reformasi', a groundswell clamour for wide-ranging reforms, and split
Malaysian society, especially the majority ethnic Malay community. It was a
defining period in Malaysian political history.
When contacted, Anwar's wife Wan Azizah Wan Ismail told Inter Press Service that Anwar was in pain as a result of his spinal injuries.
"But he says he's okay because he is free. He commended the judiciary for
its decision. In fact, the judge said the (Lower) Appeals Court should have
acquitted him," she added.
"We are going to take him for spinal surgery to Germany at the dedicated spinal
clinic (in Munich), which is what we always wanted," Wan Azizah said.
Lawyers and family members say Anwar had difficulty walking unaided due to
injuries received during a horse-riding accident
and a severe beating at the hands of the country's then top police officer on
the night of his arrest in 1998.
The outcry following Anwar's black eye forced the government to hasten the
formation of a national human rights commission. The incident, along with other
cases of police brutality, also tarnished the image of the police and prompted
the new administration of Abdullah Badawi to set up a royal commission to review
police operations.
"I am now unemployed," an overjoyed Raja Petra Kamaruddin, director of
Free Anwar Campaign, told Inter Press Service.
"Do you know of anyone looking for a campaign manager?" he joked.
Raja Petra was instrumental in mobilising support among local and
international groups through a popular Free Anwar website,
which persisted even as other anonymous reformasi and Anwar websites lost their
steam.
He said the first thing Anwar needs to do is to get his health restored.
"He badly needs the surgery. In the first place, we don't know if the surgery is
going to be successful as the surgeon has said there is no guarantee of
success." All eyes will now be on Anwar to gauge his immediate plans.
"If the surgery is successful he is likely to come back to lead the party (the
opposition People's Justice Party or Keadilan)," said Raja Petra, who accurately
predicted the 2-1 decision in Anwar's favour. He said Keadilan lacked leadership
and someone like Anwar was needed to give it a boost.
Anwar's wife Wan Azizah Wan Ismail has been president of the party since
its inception in 1999. "Anwar never left politics," Wan Azizah explained. "He
was always there."
If anything, Anwar's image as someone who fought against great odds has
been enhanced.
"Anwar will remain as a shining example of sheer tenacity for taking
on the entire establishment to expose a web of terrible intrigue and plotting
that did irreparable damage to the judiciary," pointed out Ramakrishnan.
The Federal Court's decision is also likely to boost the image of the
judiciary, whose earlier conduct and decisions, especially during the Mahathir
era, were severely criticised by local rights groups and international legal
bodies.
"It's an amazing decision, just amazing," a Kuala Lumpur-based lawyer told
Inter Press Service. "Even before this, there was talk that a revamp was
underway to review the way judicial appointments are made."
Once the initial euphoria has settled, the spotlight may fall on the High
Court and Appeals Court judges who had earlier pronounced Anwar guilty in
proceedings that were widely seen as politically motivated.
Former premier Mahathir Mohamad's role in publicly humiliating Anwar is
also likely to come under renewed scrutiny. It was Mahathir who played an
instrumental role in an earlier judicial crisis in 1998, which saw the country's
then top judge and five other senior judges suspended - a move that analysts say
crippled judicial independence.
Many ordinary Malaysians are hoping that the decision signals a new
beginning for the judiciary.
"It would appear that the political situation in the post-Mahathir era is
conducive for the courts to exercise its independence," said John Kim, a
visually disabled Kuala Lumpur resident who has followed the case closely. "I
hope and pray that the courts will not subject themselves to future executive
pressure."
Ironically, Anwar's release has provided a fillip for Mahathir's
successor, Abdullah Badawi, whose reformist credentials, critics said, were
until today proving to be more talk than substance. In a sense, the real test
for his administration was always going to be how the Anwar case washandled.
"The decision will promote Abdullah's stature as a leader in the eyes of
Malaysians particularly among the Malay community," said media analyst, Mustafa
K Anuar, a lecturer in mass communications.
But Mustafa added a sober note to the occasion.
"While we celebrate the release, we should not forget that Anwar has been a victim of injustice. He has lost six years of his life, six long years of imprisonment which has aggravated his health."g
By arrangement with Inter Press Service