PETITION TO: UNITED NATIONS WORKING GROUP ON ARBITRARY DETENTION Chairman/Rapporteur: Seong-Phil Hong (Republic of Korea) First Vice-Chair: José Guevara (Mexico) Second Vice-Chair: Sètondji Roland Adjovi (Benin) Mads Andenas (Norway) Vladimir Tochilovsky (Ukraine) HUMAN RIGHTS COUNCIL UNITED NATIONS GENERAL ASSEMBLY In the Matter of Anwar Ibrahim, Citizen of Malaysia v. Government of Malaysia Petition for Relief Pursuant to Resolutions 1997/50, 2000/36, 2003/31, 6/4, 15/18, 20/16, 24/71 Submitted By: Sivarasa Rasiah Jared Genser [email protected] [email protected] +60.122.13.8613 +1.202.466.3069 June 15, 2015                                                                                                                           1 Resolutions 1997/50, 2000/36, and 2003/31 were adopted by the UN Commission on Human Rights extending the mandate of the Working Group on Arbitrary Detention. The Human Rights Council, which “assume[d]… all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights…” pursuant to UN General Assembly Resolution 60/251, G.A. Res. 60/251, ¶ 6 (Mar. 15, 2006), has further extended the mandate through Resolutions 6/4, 15/18, 20/16, and 24/7. 1 QUESTIONNAIRE TO BE COMPLETED BY PERSONS ALLEGING ARBITRARY ARREST OR DETENTION I. IDENTITY 1. Family name: Ibrahim 2. First name: Anwar 3. Sex: Male 4. Birth date: August 10, 1947 (67 years old) 5. Nationality: Malaysian 6. (a) Identity document (if any): Passport (b) Issued by: Immigration Department of Malaysia (c) On (date): May 28, 2009 (d) No.: A19876100 7. Profession and/or activity (if believed to be relevant to the arrest/ detention): Former Opposition Leader, former Member of Parliament, Permatang Pauh 8. Address of usual residence: No 11 Jalan 3/61, Bukit Segambut, 51200 Segambut Dalam, Kuala Lumpur, Malaysia II. ARREST 1. Date of arrest: February 10, 2015 2. Place of arrest (as detailed as possible): Federal Court of Malaysia, Palace of Justice, Precinct 3, 62506 Putrajaya, Malaysia 3. Forces who carried out the arrest or are believed to have carried it out: Government of Malaysia 4. Did they show a warrant or other decision by a public authority? Yes 5. Authority who issued the warrant or decision: Federal Court of Malaysia 6. Reasons for the arrest imputed by the authorities: While Anwar has been convicted for alleged commission of “unnatural offences,” this charge is pre-textual and in fact he is imprisoned because he presents a democratic and non-violent threat to Prime Minister Najib Razak and the ruling UMNO party. 2 Anwar led a diverse opposition coalition, cutting across race and religion to win 52 percent of the popular vote amongst Malaysians in the country’s most recent elections. This is Anwar’s fourth imprisonment episode under the same government. 7. Legal basis for the arrest including relevant legislation (if known): Sodomy under the Malaysian Penal Code – “Unnatural Offences” (sections 377A and 377B): 377A. Carnal intercourse against the order of nature – “Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.” 377B. Punishment for committing carnal intercourse against the order of nature – “Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.” III. DETENTION 1. Date of detention: February 10, 2015 2. Duration of detention (if not known, probable duration): Sentenced to five years imprisonment 3. Forces holding the detainee under custody: Prison Department of Malaysia 4. Places of detention (indicate any transfer and present place of detention): Sungai Buloh Prison, Selangor 47000 Tel no: +603 60384690 5. Authorities that ordered the detention: Federal Court, Malaysia 6. Reasons for the detention imputed by the authorities: Guilty of committing sodomy 7. Relevant legislation applied (if known): Sodomy under the Malaysian Penal Code – “Unnatural Offences” (sections 377A and 377B) IV. DESCRIBE THE CIRCUMSTANCES OF THE ARREST AND/OR THE DETENTION AND INDICATE PRECISE REASONS WHY YOU CONSIDER THE ARREST OR DETENTION TO BE ARBITRARY A. Statement of Facts 1. Malaysian Political Context Despite Malaysia’s reputation as a moderate Muslim nation, the Malaysian Government has undertaken an intensifying crackdown on political opposition and dissent. Initially, when 3 Prime Minister Najib Razak assumed office in 2009, it had been hoped that the country, which has been ruled by the same party since it achieved independence from Britain in 1957, might be capable of making a true democratic transition.2 Prime Minister Najib promised to eliminate preferences favoring ethnic Malays, reduce police powers, repeal a repressive anti-sedition law, and promote free and fair elections.3 Despite these promises, starting in 2013, when the ruling Barisan Nasional (BN) coalition lost the popular vote to the multi-ethnic People’s Alliance (Pakatan Rakyat or PR) coalition in national elections, Prime Minister Najib has overseen an increasing crackdown against his political opponents and on basic freedoms.4 His ruling party, United Malays National Organization (UMNO), clung to power only because of the gerrymandering of parliamentary seats. In the aftermath of the election, Prime Minister Najib launched a campaign aimed at crippling the opposition.5 Crackdowns on peaceful assembly, restrictions on the media, censorship of books and films, and targeting of ethnic and religious minorities are on the rise.6 Meanwhile, Prime Minister Najib’s government has led Malaysia in a direction of increased Islamization. Prime Minister Najib developed a “Sharia Index” for the Government, designed to measure how well it is complying with Islamic principles in areas such as law, the economy, politics, and social issues.7 This trend towards Islamization is worrying for the roughly one-third of the country’s population who are non-Muslim.8 Prime Minister Najib has even showered praise on the Islamic State of Iraq and the Levant (ISIL or ISIS), saying that if UMNO members were as brave as ISIS militants, the party would be strong.9 Prime Minister Najib has also initiated the return of overbroad security measures to try and repress political dissent. In April 2015, Prime Minister Najib promoted the new Prevention of Terror Act that gives the Government the right to detain terror suspects indefinitely.10 Additionally, instead of repealing the colonial-era Sedition Act as promised, he has strengthened it, hoping to divide the opposition party by encouraging Islamists and aggravating racial and religious tensions.11 Prime Minister Najib’s government continues to intimidate and silence any opposition. On March 16, 2015, Nurul Izzah Anwar MP, Anwar Ibrahim’s daughter, was arrested for sedition because of a speech she made in parliament that was critical of the Government.12 Human Rights Watch called her arrest “another step towards the destruction of rights-respecting                                                                                                                           2 Editorial, Malaysia’s Political Backslide, WASHINGTON POST, Feb. 11, 2015 [hereinafter Malaysia’s Political Backslide]. 3 Id. 4 Phil Robertson, Anwar Imprisoned, Malaysia Rights in Free Fall, CNN, Feb. 16, 2015 [hereinafter Robertson]. 5 Malaysia’s Political Backslide, supra note 2; Robertson, supra note 4. 6 Robertson, supra note 4. 7 Non-Muslims in Malaysia Worry About Increasing Islamization, CCTV NEWS, Feb. 16, 2015. 8 Id. 9 Najib Stirs Up Controversy With UMNO-ISIS Comment, CHANNEL NEWS ASIA, Jun. 24, 2014. 10 Lurch to illiberalism, THE ECONOMIST, Apr. 9, 2015. 11 Disconnect: A thuggish government is playing racial politics, THE ECONOMIST, Apr. 11, 2015 [hereinafter Disconnect]. 12 Anwar Ibrahim’s Daughter Arrested in Latest Move Against Malaysian Opposition, THE GUARDIAN, Mar. 16, 2015. 4 democracy in Malaysia.”13 In March 2015, three editors and two executives at The Malaysian Insider were arrested under the Sedition Act after the news site published an article about a proposal to allow strict enforcement of Islamic law.14 On April 3, 2015, cartoonist Zulkiflee Anwar Ulhaque, known as Zunar, was charged with nine counts of sedition for a series of tweets criticizing how the judiciary handled Anwar’s case.15 Prime Minister Najib even publicly attacked former Prime Minister Mohammad Mahathir, also of the UNMO party, for criticizing the corruption surrounding his “1MDB fund,” which is currently $12 billion in debt.16 At a rally marking Anwar’s 100th day in prison, Anwar’s daughter Nurul Nuha noted that Prime Minister Najib has spent millions on his relentless smear campaign against her father and other political opponents.17 In addition, Prime Minister Najib’s government has aggressively wielded Malaysia’s anti-sodomy law, comprised of sections 377A and 377B of the country’s Penal Code.18 Section 377A of the Penal Code criminalizes sodomy and oral sex (fellatio), and section 377B provides that anyone who voluntarily commits the acts described in section 377A shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.19 These provisions make no distinction between heterosexual and homosexual consensual sexual acts, and are thus applicable to both.20 Only rarely has the Government of Malaysia prosecuted and convicted individuals for the offense of consensual sexual acts between adults under section 377A/377B of the Penal Code; on the whole, the application and enforcement of the anti-sodomy law has been inconsistent, unequal, and often politically- motivated, calling into question the independence and impartiality of the country’s judicial system. 2. Background of Anwar Ibrahim Anwar is a founder and leading figure of the People’s Justice Party (Parti Keadilan Rakyat or PKR). Previously, he served as Deputy Prime Minister of Malaysia from 1993 to 1998 and Finance Minister from 1991 to 1998.21 However, he was removed from his post by then Prime Minister Mahathir Mohamed and was wrongly imprisoned on sodomy and corruption charges. After his release, he became the leading figure in the opposition and helped bring together the Pakatan Rakyat (PR) coalition, which contested the 2008 and 2013 general elections. The PR coalition has provided the most effective challenge to the ruling UMNO party                                                                                                                           13 Id. 14 Austin Ramzy, Editors and Executives of News Website Malaysian Insider Are Arrested, NEW YORK TIMES, Mar. 31, 2015. 15 Malaysian Cartoonist Zunar Charged With Nine Counts of Sedition, WALL STREET JOURNAL, Apr. 3, 2015. 16 Disconnect, supra note 11; More Smear Tactics and Black Ops by Najib’s PR Hit Team, SARAWAK REPORT, May 12, 2015 [hereinafter More Smear Tactics]. 17 Gathering to Mark Anwar’s 100th Day in Jail on May 20, THE STAR, May 16, 2015; See also More Smear Tactics, supra note 16. 18 Conviction and Sentence of Dato’ Seri Anwar Ibrahim for Sodomy II: Justice is Not Only a Fact to be Established; It Must Also be Seen to be So Established, MALAYSIAN BAR, Mar. 9, 2014. 19 Id. 20 Id. 21 Profile: Anwar Ibrahim, BBC NEWS, Feb. 10, 2015. 5 in the country’s history.22 Anwar’s coalition won a majority of votes in the general election in mid-2013 but was denied victory by gerrymandered districts, which ensured that the UMNO-led BN coalition retained office. On May 18, 2015, Anwar’s wife, Dr. Wan Azizah Wan Ismail, the president of PKR, was sworn in as the MP of Permatang Pauh and officially named the leader of the opposition coalition, PR, with unanimous support from her colleagues.23 3. First Trial and Detention of Anwar Ibrahim In 1998, a booklet entitled “50 Reasons Why Anwar Cannot Become Prime Minister” was circulated among members of the UMNO General Assembly, containing graphic allegations against Anwar of corruption, as well as accusations of sodomy.24 In the wake of the distribution of this booklet, then Prime Minister Mahathir Mohamad dismissed Anwar on September 2, 1999. Mahathir claimed that Anwar’s firing was the result of corruption allegations made in the booklet in conjunction with sodomy allegations made by his former speechwriter, Dr. Munawar Anees, and his adoptive brother, Sukma Darmawan Sasmia Atmadja.25 Eighteen days later on September 20, Anwar was arrested by police at his home under the Internal Security Act, taken into custody, and held in solitary confinement for nine days. On the first day of his solitary confinement, he was blindfolded and severely physically beaten by the then Inspector-General of Police Rahim Noor, sustaining head injuries.26 Medical treatment was only provided on the fifth day. On September 28, Anwar was charged with sodomizing his wife’s driver and for corruption in attempting to interfere with the police investigation of the sodomy allegation. When he appeared in the Sessions Court in response to these charges, he showed visible signs of physical injury, including a black eye. Anwar was denied bail and remained in custody to stand trial.27 Anwar’s corruption trial took place from November 1998 to April 1999, at which time he was ultimately convicted and sentenced to six years in jail. During the time of Anwar’s trial, then Prime Minister Mahathir publicly declared Anwar guilty of sodomy and corruption several times, despite Anwar having yet to be convicted.28 From June 1999 to July 2000, Anwar stood trial for the sodomy charges. He was again convicted and sentenced to an additional nine years in jail. Anwar unsuccessfully appealed the corruption conviction in Malaysia’s Court of Appeal in 2001. In July 2002, he lost his final appeal against the corruption conviction in the Federal Court of Malaysia. In September 2004, Anwar was able to successfully appeal his sodomy conviction to the Federal Court of Malaysia and he was released from prison after six years of detention.29 During Anwar’s time in prison, Amnesty International labeled him a “prisoner of                                                                                                                           22 Rowan Callick, Malaysia’s Retreat From Modernity, THE AUSTRALIAN, Feb. 18, 2015. 23 Akil Yunus, Wan Azizah makes return to Parliament, THE STAR, May 18, 2015. 24 50 REASONS WHY ANWAR CANNOT BECOME PRIME MINISTER, posted on TODAYMALAYSIA. 25 Mark Trowell QC, THE TRIAL OF ANWAR IBRAHIM: SODOMY II (2012), at 62-63, [hereinafter Trowell: Sodomy II]. 26 Noor was later convicted for assaulting Anwar. Rahim Noor’s Confession: Black Eye and Blacker Deeds, ALIRAN MEDIA, Mar. 1, 1999. 27 Trowell: Sodomy II, supra note 25, at 64–5. 28 Kasra Naji, Malaysia’s Anwar Found Guilty on Corruption Charges, CNN, Apr. 14, 1999. 29 Trowell: Sodomy II, supra note 25, at 66–7. 6 conscience” and, along with Human Rights Watch, openly questioned the fairness of his trial and discussed the lack of impartiality in Malaysia’s judicial system.30 4. Current Detention of Anwar Ibrahim and Further Legal Proceedings After the first sodomy trial, Anwar continued to actively engage with the Malaysian political opposition and to be an outspoken critic of the undemocratic means by which the ruling party exercised power. In March 2008, Anwar’s political team hired 23-year-old Mohd Saiful Bukhari to serve as an intern. Three months into his internship, on June 24, Saiful was invited to meet with Prime Minister Najib, and on the next day Saiful met privately with a senior police officer in a hotel room in Kuala Lumpur. On June 28, Saiful presented himself at a local hospital, claiming that he had been raped by Anwar two days prior – the day after he met with the senior police officer.31 He was examined at the hospital and rectal swabs were taken. Doctors did not find any injuries consistent with forcible anal penetration. Notwithstanding the lack of medical evidence, Saiful filed a police report formally accusing Anwar of sodomy. The rectal swabs were later collected from the hospital by Deputy Superintendent of Police Jude Pereira, who kept them in a filing cabinet in his office for 42 hours before sending them out for analysis. On July 15, 2008, Anwar was arrested for sodomy. He was formally charged for the offense of sodomy on August 7, 2008, and released on bail. From the very beginning of the legal proceedings, the Government of Malaysia displayed a blatant bias against Anwar. The defense team tried unsuccessfully to challenge reoccurring due process violations; for example, the defense petitioned to have the charges dropped for lack of medical evidence and to compel the prosecution to disclose documents and witness lists. The trial commenced in the High Court on February 3, 2010. Throughout the case, Anwar’s due process appeals were ignored and dismissed by the judges at all levels. Additionally, during the High Court proceedings, multiple concerns were raised about the lack of evidence and the integrity of the rectal swabs analyzed. These concerns were later raised by the defense on appeal to the Court of Appeal and the Federal Court, but such concerns were either completely ignored or otherwise inadequately dealt with. On January 9, 2012, in a surprising and apparent last-minute change of heart, Anwar was acquitted of the sodomy charge by Justice Zabidin of the High Court because the trial judge questioned the reliability of the prosecution’s evidence, and thus he could not be satisfied of Anwar’s guilt. However, that acquittal was immediately appealed, and two years later, on March 4, 2014, the Court of Appeal reversed the acquittal and sentenced Anwar to five-years imprisonment. The Federal Court affirmed the sentence on February 10, 2015, relying on its conclusions that Saiful was a credible witness and that the prosecution’s evidence corroborated                                                                                                                           30 Malaysia: Double Injustice Heaped on Anwar Ibrahim, AMNESTY INT’L, Apr. 17, 2003; Human Rights Watch Monitors Second Anwar Trial, HUMAN RIGHTS WATCH, Jun. 11, 1999. 31 Mark Trowell QC, Report on the prosecution appeal against the acquittal of Datuk Seri Anwar bin Ibrahim on a charge of sodomy observed on behalf of the Inter- Parliamentary Union (IPU) at the Court of Appeal, COMM. ON THE HUMAN RIGHTS OF PARLIAMENTARIANS, Putrajaya, Malaysia, Feb. 10 2015 [hereinafter 2015 IPU Report] at 7- 8. 7 the allegations.32 Anwar was taken into custody that day at the Federal Court. One week later, on February 17, 2015, Amnesty International designated Anwar Ibrahim as a prisoner of conscience.33 Despite assurances from Malaysian Home Minister Ahmad Zahid Hamidi that Anwar would be treated humanely, he was initially held from February 10, 2015 in solitary confinement in a bare cell, with a thin foam mattress on a low bed, a bucket for bathing, and a squat toilet. The cell, located in Sungai Buloh Prison in Selangor, was extremely hot and humid with no form of ventilation or fan, thus Anwar was forced to sleep on the floor where it was somewhat cooler. As he continues to suffer from a chronic back and spinal injury from a prior beating at the hands of Malaysian police, sleeping on the floor caused extreme and unnecessary pain. Additionally, the cell had both insects and rodents. On March 2, 2015, after public pressure, Malaysian prison authorities moved Anwar to the medical wing of the prison where the physical conditions of his cell were improved. However, his health condition has not improved. From his original weight of 72 kg, Anwar has lost 6 kg and is now down to about 66 kg; already a cause for concern, this drastic weight loss is very worrisome should Anwar lose even more weight. He has dark stool, which is suspected to be melena and is indicative of bleeding in the intestines, thus requiring urgent medical assessment and treatment. Anwar's blood pressure has been irregular and was recently as high as 163/108, despite Anwar being on medication. He has also been denied access to the vitamins and supplements that he was taking prior to his detention. On top of all this, he is suffering from a full thickness tear of his right shoulder capsule (from an injury which took place a year ago) that still causes him pain and discomfort now in detention. This injury requires an MRI scan, treatment, and possibly even surgery, for a full recovery. After repeated requests from his lawyer and further public pressure, Anwar was finally admitted to a hospital on June 2, 2015 for check-up, observation, and medical treatment. His transfer to a hospital was approved by Home Minister Ahmad Zahid Hamidi four weeks after the prison doctor and prison authorities requested it. Anwar’s family has also requested that a doctor of his choice examine him while he is in the hospital, but they have yet to receive a response. In detention, Anwar has also faced constant psychological torture by the prison authorities; he has been harassed several times an hour by prison guards who come by his cell to take pictures of him and to see what he is doing. Anwar has been denied writing materials for the first month of his detention. Even though now he has been given access to books and writing materials, such access is delayed through bureaucratic processes. Even his lawyers’ files are searched to see if notes or messages are being carried through to him. Such harassment makes the work much more difficult for his lawyers, who are handling his various legal matters and litigation in court. In Anwar’s current state of solitary confinement, he has no one to talk with; even the prison guards around his cell have been instructed not to talk to him. Requests to allow Anwar’s                                                                                                                           32 Id. at 2-3. 33 Malaysia: Free Prisoner of Conscience Anwar Ibrahim, AMNESTY INT’L, Feb. 17, 2015. 8 family to see him have been turned down repeatedly. When Anwar’s family members do get to see him (usually once every three weeks), they are restricted to “no contact” visits, during which they are only permitted to see each other from behind a glass panel. After his conviction, Anwar requested a royal pardon from King Abdul Halim of Kedah. On March 16, 2015, Anwar’s request for a royal pardon was denied and Anwar thus officially lost his seat in parliament.34 On April 30, 2015, Anwar filed an application at the Federal Court requesting that a new panel of judges review his sodomy conviction and five-year sentence on the grounds of injustice. Finally, on May 6, 2015, Anwar filed an originating summons in response to the Election Commission Chairman Abdul Aziz’s statements on April 27 and 29 that Anwar was not eligible to vote in the recent Permatang Pauh by-election because he was currently in prison. Anwar’s counsel claimed that he was unfairly denied his constitutional right to vote under Article 119 of the Malaysian Constitution, which entitles a person to vote regardless of his imprisonment. Anwar named the Election Commission, its Chairman Abdul Aziz, and the Malaysian Government as defendants.35   B. Legal Analysis For the reasons set forth below, the detention of Anwar Ibrahim constitutes an arbitrary deprivation of his liberty36 under Categories II and III as established by the United Nations Working Group on Arbitrary Detention (Working Group). 1. Category II: Substantive Fundamental Rights An arbitrary detention falls under Category II when such detention results from the exercise of fundamental rights protected by international law.37 These fundamental rights include the right to freedom of opinion and expression38 and the right of political participation.39                                                                                                                           34 Anwar Ibrahim: Malaysian Jailed Opposition Leader Denied Royal Pardon, BBC, 1 Apr. 2015. 35 M Mageswari, EC and govt. ordered to file affidavit over Anwar’s right to vote, THE STAR, May 25, 2015. 36 An arbitrary deprivation of liberty is defined as any “depriv[ation] of liberty except on such grounds and in accordance with such procedures as are established by law.” International Covenant on Civil and Political Rights, G.A. Res 2200A (XXI), 21 U.N. GAOR Supp. (No. 16), at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force 23 March 1976, at art. 9(1) [hereinafter ICCPR]. Such a deprivation of liberty is specifically prohibited by international law. Id. “No one shall be subjected to arbitrary arrest, detention or exile.” Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810, at art. 9 (1948) [hereinafter Universal Declaration]. “Arrest, detention or imprisonment shall only be carried out strictly in accordance with the provisions of the law.” Body of Principles for the Protection of Persons under Any Form of Detention or Imprisonment, at Principle 2, G.A. Res. 47/173, Principle 2, 43 U.N. GAOR Supp. (No. 49) at 298, U.N. Doc. A/43/49 (1988) [hereinafter Body of Principles]. 37 Specifically, a Category II deprivation of liberty occurs, “[w]hen the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles 7, 13, 14, 18, 19, 20, and 21 of the Universal Declaration of Human Rights and, and insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25, 26, and 27 of the International Covenant on Civil and Political Rights.” Office of the High Comm’r for Human Rights, United Nations, Fact Sheet No. 26: The Working Group on Arbitrary Detention, pt. IV(B) [hereinafter Fact Sheet No. 26]. 38 Universal Declaration, supra note 36, at art. 19; ICCPR, supra note 36, at art. 19(1). 39 Universal Declaration, supra note 36, at art. 21; ICCPR, supra note 36, at art. 22(1). 9 Anwar Ibrahim’s detention is arbitrary under Category II because it resulted from his exercise of these fundamental freedoms, as detailed below. Although Malaysia has not signed or ratified40 the International Covenant on Civil and Political Rights (ICCPR), the Working Group applies the Universal Declaration of Human Rights (UDHR), which is interpreted through the ICCPR and the Body of Principles Regarding Any Form of Detention or Imprisonment. In addition, certain provisions of the UDHR are binding as customary international law. The Working Group has also always been willing to “rely heavily” on international legal principles to adjudicate individual cases because it issues opinions rather than judgments.41 a. The Malaysian Government Detained Anwar Ibrahim Because He Exercised His Right to Freedom of Opinion and Expression Freedom of opinion and expression are protected by Article 19 of the UDHR42 and Article 19(1) of the ICCPR.43 Freedom of expression includes the “freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.”44 In addition to the requirements of international law, the Malaysian Constitution protects the right to freedom of expression, providing that “every citizen has the right to freedom of speech and expression.”45 Freedom of expression includes the right to express a dissenting political opinion.46 The charge of sodomy brought against Anwar was a pretext for the curtailment of his right to freedom of opinion and expression as an opposition leader. Anwar has openly voiced his opinions on numerous occasions, including serious concerns about undemocratic practices in Malaysia, and specifically about Prime Minister Najib and his ruling UMNO party. The following examples are a small illustration of Anwar’s public expression: In a 2006 interview with Bloomberg, Anwar openly condemned UMNO’s new economic agenda, highlighting the corruption and preferential treatment that was built into government                                                                                                                           40 Status of Ratification of the Principal International Human Rights Treaties, as of Mar. 18, 2015, available at http://indicators.ohchr.org. 41 Jared M. Genser & Margaret Winterkorn-Meikle, The Intersection of Politics and International Law: The United Nations Working Group on Arbitrary Detention in Theory and Practice, 39 COLUM. HUM. RTS. L. REV. 101, 114 (2008). 42 Universal Declaration, supra note 36, at art. 19. 43 ICCPR, supra note 36, at art. 19(1). 44 Universal Declaration, supra note 36, at art. 19 (“Everyone shall have the freedom of opinion and expression; this rights includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”); See also ICCPR, supra note 36, at art 19(2) (“Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”). 45 CONSTITUTION OF MALAYSIA, art. 10(1)(a); See also http://www.slideshare.net/nurulirdanazzira/malaysian-legal- system-the-restriction-freedom-of-expression. 46 Human Rights Committee General Comment No. 34 (2011) on Article 19: Freedom of Expression, Sep. 12, 2011 (adopted at 102nd session July 11-29, 2011), CCPR /C/GC/34 at ¶ 11. 10