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13 Feb 2014

Human Rights Watch to Malaysian Government: Drop ‘Political’ Case Against Opposition Leader and Revoke Law Criminalizing Homosexual Acts

by Greyson Cooke

The Malaysian government should drop its politically motivated prosecution of opposition leader Anwar Ibrahim for alleged consensual homosexual relations, Human Rights Watch said yesterday. 

 

On February 12, the Kuala Lumpur Court of Appeal begun the government’s appeal of the High Court’s January 9, 2012 decision to acquit opposition leader Anwar of violating article 377 of the Malaysian penal code. 
“Malaysia’s authorities are opening themselves up to international ridicule for prolonging their political case against opposition leader Anwar Ibrahim,” said Phil Robertson, deputy Asia director of Human Rights Watch. “Anwar’s trial would be farcical were the penalties not so severe and the trial’s message to Malaysia’s Lesbian, Gay, Bisexual, and Transgender [LGBT] community not so grave.”
Human Rights Watch believes Malaysia should repeal article 377 of its penal code, which is an anachronistic colonial era law that criminalizes “carnal intercourse against the order of nature." The law effectively criminalizes same-sex sexuality, and does not distinguish between consensual and non-consensual sex, in defiance of international human rights standards. In its place, Human Rights Watch has long recommended the passage of a modern, gender-neutral rape law.
Anwar was first arrested in July 2008, a month after the alleged incident took place. After a long series of delays, he was found not guilty in January 2012 after the judge found that crucial DNA evidence submitted by the prosecution may have been compromised. 
Should the appeals court overturn the acquittal, Anwar would face up to 20 years in prison and whipping. He would also have to relinquish his seat in parliament and be barred from standing for election for five years if he receives any prison sentence or is fined more than RM 2000 (US$600).
So-called “sodomy laws” such as Malaysia’s article 377 contravene broadly accepted international legal standards. The United Nations (UN) Human Rights Committee, the international expert body that monitors civil.
 
“Malaysia’s government should cease criminalizing consensual sexual relations and discriminating on the basis of sexual orientation and gender identity,” Robertson said. “Prime Minister Najib and his government should recognize both in law and practice that LGBT rights are human rights.”

 

On February 12, the Kuala Lumpur Court of Appeal begun the government’s appeal of the High Court’s January 9, 2012 decision to acquit opposition leader Anwar of violating article 377 of the Malaysian penal code. 

“Malaysia’s authorities are opening themselves up to international ridicule for prolonging their political case against opposition leader Anwar Ibrahim,” said Phil Robertson, deputy Asia director of Human Rights Watch. “Anwar’s trial would be farcical were the penalties not so severe and the trial’s message to Malaysia’s Lesbian, Gay, Bisexual, and Transgender [LGBT] community not so grave.”

Human Rights Watch believes Malaysia should repeal article 377 of its penal code, which is an anachronistic colonial era law that criminalizes “carnal intercourse against the order of nature." The law effectively criminalizes same-sex sexuality, and does not distinguish between consensual and non-consensual sex, in defiance of international human rights standards. In its place, Human Rights Watch has long recommended the passage of a modern, gender-neutral rape law.

Anwar was first arrested in July 2008, a month after the alleged incident took place. After a long series of delays, he was found not guilty in January 2012 after the judge found that crucial DNA evidence submitted by the prosecution may have been compromised. 

Should the appeals court overturn the acquittal, Anwar would face up to 20 years in prison and whipping. He would also have to relinquish his seat in parliament and be barred from standing for election for five years if he receives any prison sentence or is fined more than RM 2000 (US$600).

So-called “sodomy laws” such as Malaysia’s article 377 contravene broadly accepted international legal standards. The United Nations (UN) Human Rights Committee, the international expert body that monitors civil.

“Malaysia’s government should cease criminalizing consensual sexual relations and discriminating on the basis of sexual orientation and gender identity,” Robertson said. “Prime Minister Najib and his government should recognize both in law and practice that LGBT rights are human rights.”