I would like to respond to the letters from Edmund Burke Fan and Umar Mukhtar .
The underlying principal behind the concept of a prison system is to remove the fundamental human rights of an individual the moment a breach in the social contract has occurred. The social contract dictates that individuals are governed and bound by the laws of the land.
An individual in breach of the social contract will have some of his rights removed from him and he will be incarcerated after a trial. This will remove the felon from society and allow him to repent.
The individual's right to free liberty is then controlled by the state. His right to free movement and travel, for example, is removed from him. Other examples include limited interaction with family members.
The belief is that the removal of these fundamental rights will allow these individuals to reform themselves and return as good citizens into society. Hence, prisoners do not have the same level of rights as regular citizens in this country.
Nobody in their right mind will be able to deny that Anwar is a political prisoner. However, in the eyes of Malaysian law, Anwar is no different from any other ordinary felon and rightfully so.
Umar Mukhtar argues that all we need is a little bit of imagination and a lot of heart to resolve this problem. He says that we should allow Anwar to cover all expenditure related to his operation .
On principal the suggestion is a good one. However, he has failed to see the various prison-centric issues that need to be dealt with in his statement.
Should we allow a class-based system to flourish in Malaysian prisons where rich inmates get better medical facilities overseas when compared to the poorer lads because they can afford it? Can the prison system cope with this class divide in an already tense prison environment?
How much will managing this class divide in prisons cost the prison system? Many who have argued that Anwar's family will foot the cost of his operation have failed to look beyond the Anwar saga.
The ripple effect created by allowing Anwar to go overseas and according prisoners the right to overseas medical treatment will cost the system dearly.
Firstly because we're changing the prison social dynamics. And secondly in terms of managing future requests from prisoners to go overseas for medical treatment.
It is no secret that our prison system is already overburdened by a lack of manpower and an ever increasing number of prisoners. Are we willing to add another form of bureaucracy into the system?
Edmund Burke Fan also argued that it is every ordinary citizen's right to have access to their chosen medical facilities or treatment. He is correct. The key phrase in that statement is 'ordinary citizen'. Anwar Ibrahim is not an ordinary citizen. Even if many of us do not agree with it, Anwar has been judged by the state as a prisoner in breach of current laws.
Comparing the decision of our prime minister's wife to seek treatment overseas with the right of Anwar to acquire the same treatment is irrelevant. Endon is not a prisoner. The context of rights that is accorded to her and Anwar is different.
I will admit that I find the reasons for Anwar's current incarceration dubious. However, that doesn't remove the fact that he is a prisoner. The Malaysian government has fulfilled their part of the bargain which ensured that Anwar will have access to the best medical facilities available in this country - as accorded to all prisoners.
Taking a prisoner outside one's jurisdiction can also lead to abuse. Can overseas hospital stays be abused? What happens when an inmate and private doctors reach a private deal to be hospitalised for the whole tenure of former's sentence?
A rich criminal can certainly afford to pay for a cushy hospital stay in Cambodia or on the Indian subcontinent where corruption is rampant. How can the Malaysian government deal with abuses that happen outside its jurisdiction?
This is one of the main reasons why governments usually only allow for a prisoner to be treated in government or private hospitals within their jurisdictions. Nobody in this saga seems to want to talk about the justifications that are going to be used to let Anwar get foreign treatment.
The justice system shows no compassion. It merely interprets the law and executes it without hindrance. I feel for Anwar, but I do not believe that we can make an exception for his case.
Lastly, Wan Azizah did indeed say that she's worried that something 'bad' will happen to Anwar should the operation be done in the country but she said she did not question the credibility of Malaysian doctors.
She's just worried that evil and bad things might happen should Anwar be operated on here. She implies that Anwar might be assassinated or the operation sabotaged should the procedure be done here.
She has therefore questioned the ethical integrity of Malaysian government doctors and the health system without any proof whatsoever. Edmund Burke Fan's letter also hinted that this might happen. I have clearly stated in my previous letter that it would be against the best interests of the Malaysian government if anything bad were to happen to Anwar.
I honestly sympathise with the plight that Anwar and family have to go through. It has been a hell of a ride, not only for that family, but for many Malaysians as well. But this issue must be evaluated beyond Anwar.
Frankly, many Malaysians are asking for exceptions to be made for Anwar for no other reason other than the fact that he is Anwar Ibrahim. Approving his request will open a can of worms that will cost us dearly.
The rules should not be changed just so that we can accommodate the wishes of a celebrity in prison. I would expect Anwar - and Wan Azizah in her capacity as Parti Keadilan Rakyat's pro- tem president - to recognise that this country has had enough of 'bending the rules' for people with connections.
Perhaps it will only be right for Wan Azizah to step aside in deciding on PKR's stands pertaining to Anwar as it conflicts with her role as a wife.
Allowing Anwar to receive special treatment is in breach of PKR's long-term ideals for social justice and equality for all citizens. The justice system's core fundamental of removing the rights of convicted individuals as a measure of justice is being questioned.
Are we willing to answer these questions? More importantly, can we afford it? Not only in terms of ringgit and sen, but in terms of challenging the very core of our societal dynamics when dealing with felons.
There is more to this issue than Anwar Ibrahim. Reformation of the system comes when you play by the rules no matter how unfair it may seem to be. Bending it by virtue of Anwar being a political prisoner will not help the desperate reforms that this country needs.
It's been done before. Just ask Mandela and Gandhi.
