The ISA in Malaysia -- Protests, Tear Gas, and Water Cannons

The Internal Security Act, or ISA, is a law that allows police in Malaysia to detain people without trial in certain circumstances. The primary concern for most is that the ISA does not recognize some basic human rights with respect to the idea of a right to a speedy and fair trial. The ISA is designed, according to its supporters, to ensure that Malaysia's domestic security is protected from all threats. In essence, the ISA gives the authorities the right to undertake pre-emptive or preventive detention.

As this as a backdrop, some 15,000 Malaysians seeking to have the ISA removed from the statute books took to the streets (photo courtesy of Reuters). If I was Malaysian, and perhaps even if I wasn't but just there, I would have taken to the streets too. Human rights are human rights. These basic human rights, no matter what the former Malaysian Prime Minister, Mahatir, says, are not based on western or eastern / Asian values. Human rights are human values, simple.

In Kuala Lumpur the 5,000 police on hand were seemingly outnumbered by protesters. Nevertheless, police had at their disposal water cannons and tear gas, both of which they were prepared to use, and did so.

At least 175 people have been arrested in this heavy-handed assault on a peaceful demonstration. According to Anwar Ibrahim, the former Deputy Prime Minister and one-time jail inmate, the police action was not only unwarranted but unnecessarily brutal.

The current Prime Minister, Najib Razak, has called the protest unnecessary as he has already agreed to review the ISA. However, it would seem that at least 15,000 Malaysians do not believe him and are prepared to make their lack of faith in the PM known.

Anwar Ibrahim -- Arrested

The allegations are clear but the charges are not, at least according to Anwar's lawyer. Sankara Nair, Anwar's lawyer witnessed the arrest , and has stated that the police did not indicate what Anwar (pictured) was being charged with. Anwar was arrested as he arrived at home and was immediately taken to Kuala Lumpur police headquarters.

The arrest sparked an SMS frenzy with all members of the Keadilan Party and the members of the opposition coalition receiving SMS messages to gather outside the police headquarters and rally for Anwar's release.

It is going to be interesting to see how this all plays out. The "victim" or the person making the claims here is Saiful Bukhari Azlan, a volunteer in Anwar's office. Saiful is 23 years old. It might be the cynic in me, but after the allegations were made several photos emerged showing Saiful posing all smiles at the Deputy Prime Ministers office. This in and of itself has no real significance except how does a 23-year-old with no real reason to be meeting with the Deputy PM get access to the DPM office? More to the point, why is a volunteer from Anwar's office meeting with the DPM?

For old conspiracy theorists like myself there is something to be made of all these coincidences.

Having been charged and convicted for sodomy before it seems that these would be the easiest allegations to be made. Yet, the previous charges were ultimately thrown out or overturned by Malaysia's highest court. This really is shaping up as a he said, he said show. Unless, young Saiful has some incriminating evidence then I am not sure where this goes. I am not an expert on Malaysian law so I cannot authoritatively say.

It must be noted that some Ministers have been suggesting that there is evidence and that Anwar will need to provide a reference DNA sample. I am not sure why he would need to do that. I would have thought that last time around the police would have required Anwar to submit DNA and his sample would be in the system. But if there is DNA evidence, I wonder whether it is of a similar kind that captivated US audiences during the Bill Clinton / Monica Lewinsky caper and the President's semen stain on the good ol' blue dress.

Sodomy charges if proven see the perpetrator liable for a term of imprisonment of up to 20 years.

The question though is, are these trumped up charges that are aimed at subverting the opposition movement for democratic change and restoring some of the authoritarian practices of the past?

I will be watching as this will be quite a story for sure.

Anwar Ibrahim -- New Sodomy Claims

One wonders why people want to get into public life and public service in the first place, but to be subject to constant allegations of sexual misconduct and to be able to keep the course and stay focused and want to stay in public service takes a person with a special level of conviction and call to duty.

The de facto Malaysian oppostion leader, Anwar Ibrahim, has been accused of committing sodomy against his 'special assistant'. Anwar is de facto opposition leader because he is not a parliamentarian as his previous corruption conviction meant that he was not able to run for a seat at the last election. However, it was expected that a seat would have been made available and a by-election held. Nevertheless, the latest claims throw this immediate plan into some disarray.

What the special assistant does will become clear over time I guess. However, I would not have thought that the 'special' part related to "special" services. Yet, who knows the truth? I do not, so I will be watching and reading with interest where this goes.

I guess, even though the original sodomy charges against Anwar back in 1998 were finally overturned by the Malaysian High Court in 2004. Anwar has consistently denied the original allegations and has denied these most recent ones. He contends it is an attempt to deflect attention away from claims Anwar was going to make against the national police chief and the attorney general for their alleged role in having him accused of corruption and sodomy in 1998.

Anwar has stated that he obtained evidence that implicates the Inspector General of Police, Musa Hassan, and the Attorney General, Gani Patail, of misconduct and fabricating evidence against him in 1998. This evidence is yet to be released but could be a bit of a bomb shell if it is.

This latest drama and series of allegations will continue the current turmoil in Malaysian politics. It is always interesting to see what lengths politicians will go to maintain their relevance and influence. This is particularly the case for the Barisan Nasional (National Front) which although retaining a simple majority were decimated at the last General Election.

I cannot help but wonder whether the special assistant is seeking to gain something and did not get it so a good old case of sodomy seems as good as anything else to run with as Anwar would seem to be an easy target on this front or is this a case of where there is smoke there is fire?

The Anwar saga takes another turn in an old direction and as I said I will be watching with interest as to how the story develops.