The Inter-Parliamentary Union, which represents 130 national parliaments globally, has adopted a resolution yesterday criticising Malaysia's Federal Court for refusing to free jailed former deputy premier Anwar Ibrahim on bail.

The Geneva-based organisation's committee on human rights which is currently holding its 106th session, said that its decision was based on an interim report of its representative who had observed Anwar's appeal hearing at the Federal Court in Putrajaya last month.

It said that while the interim trial observer report stated that the granting of bail was entirely within the court's discretion, it is "usually granted in the absence of any indication that the accused presents a risk of flight or is likely to be a repeat offender".

"(The IPU) regrets the court's decision all the more so in view of Anwar's worsening state of health," said the resolution.

Anwar was rushed to hospital from prison earlier this month due to complications from a slipped spinal disc, an old injury which he said was aggravated by a vicious beating by the ex-police chief after his arrest in 1998.

He has been asking the government to allow him to seek surgery in Germany , a request which has been repeatedly rejected by the government. He is expected to remain hospitalised indefinitely.

His family has warned that Anwar's back injury could leave him paralysed if it is not attended to soon.

Bail denied

A three-man Federal Court bench comprising Justices Abdul Hamid Mohamad, Rahman Hussein and Tengku Baharudin Shah Tengku Mahmud on May 22 rejected Anwar's request for bail during a hearing involving his appeal against a sodomy conviction.

Anwar is appealing against a High Court decision on Aug 8, 2000, which convicted him and adopted brother Sukma Darmawan Sasmitaat Madja of sodomising the jailed politician's former family driver Azizan Abu Bakar.

His appeal to the Court of Appeal was turned down on April 18 last year.

The appeal will be Anwar's last chance to have his nine-year sentence quashed, on the grounds that the conduct of the trial four years ago was deeply flawed.

After hearing extensive arguments from lawyers at the appeal, the Federal Court judges said that they would announce their decision "as soon as possible".

However, in a surprise move, five days after the court set July 22 to announce its decision, this was put off indefinitely.

Meanwhile, the Federal Court has separately fixed Aug 10 to hear Anwar's application to review its own decision on another case - the ex-MP's conviction and sentence for corruption.

Anwar is seeking to overturn the four counts of conviction of "corrupt practices" in tampering with the police investigation into allegations of his sexual misconduct.

Serious concerns

The IPU, which the Malaysian Parliament is a member, has expressed serious concerns regarding the fairness of both trials, including the attempts made by the prosecution to fabricate evidence against Anwar, the lack of credibility of the key witness, Azizan, the lack of medical evidence in the sodomy case, and the failure of the court to take account of an alibi notice.

It reiterated its earlier resolutions that Anwar be allowed to undergo surgery of his own choice as recommended by the Human Rights Commission (Suhakam).

"The Malaysian Parliament, as a guardian of human rights, should not hesitate to support the recommendations of Suhakam and should make every effort to relay them favourably to the competent authorities," it said.

The IPU also took Malaysian parliamentary authorities to task for failing to provide a clarification on the question of allegedly incorrect information provided to them in September last year.

The Parliament had told IPU that Anwar was allowed exclusive use of a 'large' air-conditioned gymnasium complete with equipment to carry out prescribed physiotherapy exercises at his own convenience.

It also claimed that Anwar had been taken for routine medical treatment to Hospital Kuala Lumpur between October 1999 and June 2003.

Anwar has disputed such claims.

Expedite decision

According to the IPU, it will convey yesterday's resolution to the Malaysian authorities and will also raise the matter at the Asean Inter-Parliamentary Organisation's general assembly to be held in Phnom Penh this September.

Yesterday, another Geneva-based organisation - the International Commission of Jurists which comprises 60 distinguished lawyers including senior judges, attorneys and academics - urged the court to deliver its judgment on Anwar's sodomy appeal expeditiously .

Anwar, who was sacked in 1998 by then prime minister Dr Mahathir Mohamad, is currently serving a 15-year jail sentence in Selangor's Sungai Buloh prison.

He has completed his sentence for his first conviction for corruption, and is currently serving the nine-year sentence for sodomy.