E/CN.4/2000/9/Add.5
page 11
otorhinolaryngologist with otitis externa in his right ear. He is pursuing a lawsuit for damages,
which was pending at the Tokyo District Court at the time of the government reply. He also
filed a complaint with the Tokyo Public Prosecutor’s Office, which decided on 12 July not to
prosecute. A request for an appeal hearing was dismissed by the Tokyo District Court on
8 August 1995.
Malaysia
44.
By letter dated 4 February 2000, the Government sent information concerning the
allegations transmitted by the Special Rapporteur in November 1999 (see E/CN.4/2000/9,
paras. 726-727).
45.
Concerning Dr. Munawar Anees, the Government confirmed that he had been arrested
on 4 September 1998 under the Internal Security Act and that he had been convicted on
19 September 1998 of an unnatural offence under section 377 of the Penal Code. The
Government further stated that Dr. Munawar Anees had pleaded guilty to the unnatural offence
of having allowed himself to be sodomised by Anwar Ibrahim and that he was appealing against
the conviction and sentence. The Government denied that he had been held in incommunicado
detention and averred that he had at all times been allowed communication with the
investigators, especially with regard to matters of his health and nutrition. The Government
further stated that he had never been subjected to any coercion but had voluntarily admitted a
homosexual relationship with Anwar Ibrahim and had voluntarily provided graphic details of
sexual acts. The Government denied that Dr. Munawar Anees had at any time been deprived of
sleep and stated that investigations and questioning had been carried out in accordance with the
principle of fairness and the Lock Up Rules. The Government asserted that he was at all times
treated in a polite manner, that his hair had been cut ordinarily, in accordance with the Lock Up
Rules, and that he had been placed in a proper cell with sufficient ventilation and the necessary
bedding. The Government denied that Dr. Munawar Anees had been stripped naked, but he had
been asked to remove his wearing apparel in accordance with the Lock Up Rules in order to
ensure that there were no injuries on his body or parts of his body and that he was not holding
any weapons which could have been dangerous in the circumstances.
46.
Concerning Sukma Darmawan, the Government declared that he had been arrested
on 6 September 1998 and had been detained for 13 days. It denied that he had been held in
incommunicado detention as he had been able to communicate with investigators and other
persons via the investigators. The Government further stated that on 19 September 1998 he had
pleaded guilty “for having allowed himself to be sodomised by Anwar Ibahim”. After
conviction he had been transferred to the Bukit Aman federal police headquarters pursuant to his
own request. He was released on bail pending his appeal to the High Court, which was
dismissed on the basis that he had voluntarily pleaded guilty. The Government dismissed
allegations of maltreatment as false and baseless, and merely an afterthought to suit his claim
that his confession and guilty plea had been involuntary and obtained under duress. The
Government stated that he had not been subjected to prolonged interrogation, but that
questioning had been carried out in accordance with the Lock Up Rules. He had not been
threatened with indefinite detention under the Internal Security Act, but had at all times been
treated in a polite manner and had not been stripped naked but had been asked to remove his
clothing in order to ensure that he bore no injuries or dangerous weapons. The Government
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