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Legal news from Sunday, June 29, 2008




Malaysia police investigating new sodomy complaint against Anwar
Bernard Hibbitts on June 29, 2008 6:11 PM ET

[JURIST] Malaysian law enforcement authorities have launched an investigation into a new sodomy complaint against opposition politician Anwar Ibrahim [BBC profile; JURIST news archive] filed by an aide Saturday. Under Malaysian lawyer sodomy is punishable by 20 years in prison regardless of whether or not it was consensual. Anwar was convicted for sodomy in 1999 in the midst of political scandal before an appellate court overturned his conviction and sentence in 2004. Asserting his innocence of the latest allegations in a statement [text] on his blog Sunday, Anwar wrote:

The police report lodged against me...is a complete fabrication. I believe we are witnessing a repeat of the methods used against me in 1998 when false allegations were made under duress. This is clearly a desperate attempt by the Barisan Nasional regime to arrest the movement of the Malaysian people towards freedom, democracy and justice.

The report has been organized by interested parties to attack me in retaliation for evidence I have recently obtained implicating IGP [Inspector General of Police] Musa Hassan and the AG [Attorney General] Gani Patail in misconduct including fabrication of evidence in the cases launched against me in 1998-1999. This vile attack will not prevent me from releasing this dossier to the public.
Fearing for his life, however, Anwar later took refuge [Anwar blog post] in the Turkish embassy in Kuala Lumpur.

Anwar was Malaysia's Deputy Prime Minister under Mahathir bin Mohamad until he was fired in 1998 as the scandal over his alleged conduct erupted. He later insisted that the charges were brought against him for political reasons due to a falling out with Mahathir. He only recently reentered Malaysian politics following the expiration of a ten-year ban [JURIST report] imposed after his original convictions for sodomy and corruption. The corruption conviction was never overturned. Earlier this month the Federal Court of Malaysia ruled he could challenge the constitutionality [JURIST report] of his original dismissal from office. AP has more. From Kuala Lumpur, the Star has local coverage.





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Canada rights commission dismisses Muslim complaint against newsmagazine
Bernard Hibbitts on June 29, 2008 4:37 PM ET

[JURIST] The Canadian Human Rights Commission [official website] has dismissed a Muslim group's complaint against Maclean's [media website], Canada's leading newsmagazine, for publishing an article it alleged exposed Muslims to abuse or contempt. The Canadian Islamic Congress [advocacy website] brought the complaint in respect of a 2006 article published by Mark Steyn entitled "The future belongs to Islam" [text]. In its ruling, put online late Friday by Maclean's but not yet available on the Commission's own website, the Commission said that the article was "polemical, colourful and emphatic, and was obviously calculated to excite discussion and even offend certain readers, Muslim and non-Muslim alike" but that that was not enough to constitute a discriminatory practice under Section 13(1) of the Canadian Human Rights Act, which provides:

It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
Maclean's said in a statement [text] that it welcomed the Commission's ruling which it said was in keeping with its stance that the Steyn article was a "worthy piece of commentary on important geopolitical issues, entirely within the bounds of normal journalistic practice." CP has more.

The allegations against Maclean's have sparked fierce debate in Canada over the intersection of freedom of the press and the protection of human rights and have drawn sharp criticism from journalists' groups. A previous CIC action before the Ontario Human Rights Commission [official website] in respect to the article failed when it said it lacked the jurisdiction under the Ontario Human Rights Code [text]. The British Columbia Human Rights Commission heard arguments [JURIST report] on the article's alleged infringement of section 7 of the BC Human Rights Code [text] earlier this month but has not yet issued a decision.





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