PRESS BRIEFING BY SPECIAL RAPPORTEUR ON INDEPENDENCE OF JUDGES AND LAWYERS

13 April 1999
OHCHR/99/04/13/A

Param Cumaraswamy (Malaysia), Special Rapporteur of the Commission of Human Rights on the independence of judges and lawyers, said in response to questions from correspondents gathered this morning at the Palais des Nations in Geneva that he had been invited to Guatemala. His visit would take place in late August or early September and would take two weeks. His report would be issued for the fifty-sixth session of the Commission on Human Rights.

Asked if he was concerned by the conduct of the trial of former Malaysian Deputy Prime Minister Anwar Ibrahim, Mr. Cumaraswamy said the verdict was expected on Wednesday, 14 April 1999 and one had to wait and see. There was a lot of apprehensions about the trial; he had made press statements and given interviews exposing his own concerns about the fairness of the trial. He would issue a statement following the handing down of the verdict tomorrow. He underlined that it has been the longest trial in the legal history of Malaysia (77 days). Looking at the totality of the points that the judge had raised, one could come at some conclusion that the trial was flawed and did not deal with the standards of the International Covenant on Civil and Political Rights (article 14). AWe are very concerned about this trial because it has not brought any credibility to the Government of Malaysia@. On the contrary, the credibility of the Malaysian Government as well as of the nation is on trial.

A correspondent asked about Mr. Cumaraswamy's "troubles" with the Malaysian Government. The Special Rapporteur said that the background of that story was an interview he had given to a London periodical. The article was on some controversial decisions of the Malaysian Court in commercial cases [and subsequent to which he had been accused of contempt of court]. The Federal Court had made a statement which had infuriated the High Commissioner. The Secretary-General had tried to resolve this dispute with the Malaysian Government, sending an envoy twice to Kuala Lumpur. The Secretary-General had not succeeded and because of the urgency of the matter, he had immediately moved the UN Economic and Social Council to adopt a resolution referring the case to the International Court of Justice. The court gave priority to the matter and the an advisory opinion was expected at the end of April.