Malaysia's Opposition on Trial August 4, 2010 : 11:15 AM

Today, Paul Wolfowitz and I have an op ed in the Wall Street Journal entitled Malaysia’s Opposition on Trial. I urge you to read the entire article here:

We come from opposite sides of the political spectrum and disagree about a great many things. However, one issue that brings us together is the case of Anwar Ibrahim, the former deputy prime minister of Malaysia who is now leader of the political opposition in that country.

Mr. Anwar has been charged under very dubious circumstances with sodomy, a criminal offense under Malaysian law. If convicted, he faces a possible 20-year sentence—effectively life in prison for a man of 63. His trial, scheduled to resume next week, threatens not just Mr. Anwar but all those in Malaysia who have struggled for a freer and more democratic nation. It is also important for the rest of the world, because it casts a troubling shadow over the future of a nation that should be a model for other Muslim countries.


Our views of Anwar Ibrahim have been formed completely independently of each other. We do not always agree with his views on foreign policy, but we do agree that as a political leader, statesman and intellectual, Mr. Anwar possesses qualities that encourage hope for the future. These qualities include lucidity and openness to debate and engagement; commitment to principles of accountability and good governance; and a serious concern for the future of his country and the world—not to mention his extraordinary courage in standing up for what he believes. We are convinced that he is committed to the values of pluralism, tolerance and freedom that are needed for Malaysia to flourish.

In the end, what matters is not our opinion of Mr. Anwar's character, but the opinion of his fellow countrymen. Malaysians should decide for themselves, through an open electoral process, who they wish to lead them. They should not be deprived of that opportunity by an abuse of judicial power.

This is the second time that Mr. Anwar has been subjected to a politically‑motivated trial on similar charges. The first time was in 1998, when as deputy prime minister and finance minister he dared to mount a challenge to then Prime Minister Mahathir Mohamed. Mr. Anwar was jailed, beaten severely, and condemned to years of solitary confinement after a trial that was a travesty of justice. That is not just our conclusion. It is the conclusion of the International Commission of Jurists, the International Bar Association, and a number of international human-rights organizations. It was also the conclusion of Malaysia's highest court, which overturned the sodomy conviction in 2004, after Mr. Mahathir was no longer prime minister.

Mr. Anwar now leads the coalition of Malaysia's three opposition parties, which won more than a third of the seats in the parliamentary elections of March 2008. This was the best showing that the opposition had ever managed against the governing coalition led by the United Malays National Organization, the party that has ruled the country for the past 53 years.

Three months after the election, Mr. Anwar threatened to call for a vote of no confidence in Parliament and take over the government. He was then arrested and charged again with sodomy. Like the charges 10 years earlier, the timing of these new charges carries the strong odor of political manipulation. And, if anything, the case against Mr. Anwar this time is even less credible and the violations of due process are even more egregious.

While Anwar Ibrahim is on trial before the state, the state is on trial before its people and the world. If he were to be convicted, the whole of Malaysia's political life and its standing in the world would be damaged. And for what gain? The timing of the trial has led many observers to the conclusion that the objective is to stem the ruling party's loss of popular support. Public opinion polls indicate that the great majority of Malaysians see the charges against Mr. Anwar as politically motivated. In any event, as Mr. Anwar himself would be the first to say, his imprisonment would not extinguish his cause. On the contrary, the movement he began a decade ago will continue to spread.

This is a pivotal moment in Malaysia's history with consequences that are also meaningful on a global scale. With a population of nearly 30 million, Malaysia is not a small country. But it is also significant as an example of a Muslim-majority country making its way in the world. It has been able, over the first half-century of its independence, to demonstrate that it is possible to achieve economic growth while sustaining a degree of harmony among its religiously and ethnically diverse population.

In recent years, however, the country has been sliding backwards, with increasing exploitation of religious and ethnic differences for political purposes. The trial and conviction of Mr. Anwar would intensify these problems by destroying the confidence of millions of Malaysians in the possibility of justice under the law.

We urge our own government to make clear the importance the U.S. attaches to the role of the law in sustaining a political process in which justice and freedom are natural allies. We know from experience that sensitive issues of this kind are often best pursued quietly, government to government. But time is running out. A moment of truth is approaching.

Two days ago, a judge postponed Mr. Anwar's trial in order to deal with charges of an improper relationship between a female prosecutor and Mr. Anwar's accuser. This is an opportunity. Malaysia's system of governance has the capacity to do the right thing—not only for Anwar Ibrahim, but for the millions of Malaysian citizens who look to him as a spokesman for their aspirations. We urge those in the Malaysian government who will decide this matter to act with wisdom.