The Human Rights Commission (Suhakam) today said that jailed politician Anwar Ibrahim should be allowed to exercise his right to choose his preferred medical treatment for his chronic backache, even if it means he has to go overseas.

In a statement today, the commission secretary Kamaruddin Mohamed Baria said Suhakam found that there were no prohibitions in law for Anwar to be sent abroad for medical treatment.

On May 22, three Suhakam commissioners met with Anwar, his personal doctors and doctors from Kuala Lumpur Hospital (KLH), to gather relevant information regarding his health condition. Anwar is presently undergoing a 15-year jail term for abuse of power and sodomy, at the Sungai Buloh prison.

Kamaruddin said that Suhakam recognised that a patient has a right to his choice of medical treatment.

"Suhakam notes that under ordinary circumstances, a person charged with the offences Anwar had been charged with could have been granted bail pending trial and appeal.

"Under such circumstances, therefore, a person under bail could have travelled abroad for the medical treatment of his choice," said Kamaruddin.

"Since Anwar has been denied bail and is now in prison, Suhakam considered the relevant provisions of the 1995 Prison Act which provides that where there are inadequate facilities for the treatment of a prisoner, an order may be made for the removal of the prisoner to a government hospital."

Patient's right

He added that the act also allowed the prison authorities to release a prisoner on licence and that the prisoner may be removed out of the country by sea or air.

"In view of the above, Suhakam observes that there are no prohibitions in law for Anwar to be sent abroad for medical treatment," added Kamaruddin.

He also said that it was an accepted medical practice to respect a patient's choice of treatment even if it was against the advice of his attending physicians.

He added that Anwar had assured the commissioners that he was willing to bear all risks and expenses if he was allowed to pursue his choice of treatment overseas.

"He has also intimated that he is willing to abide by any conditions imposed by the government including those restricting him from taking any actions of a political nature."

Kamaruddin said that despite Anwar being offered the best medical care at KLH and at the prison, he should still be allowed to exercise his right of preferred medical treatment.

He said that Suhakam had received more than 6,000 memorandums, letters and postcards - from Anwar's wife Dr Wan Azizah Wan Ismail, political parties, non-governmental organisations and the public - regarding Anwar's medical treatment.

Less risky