Lawyers have slammed Deputy Home Minister Nur Jazlan Mohamed for saying jailed PKR de facto leader Anwar Ibrahim may have breached prison rules by issuing statements without permission.

“This is a transparent attempt to silence Anwar Ibrahim in the run-up to the 14th general elections and shows the extent of Umno's fear of Anwar as a political opponent and lynchpin of the opposition.

“By doing so, Nur Jazlan is acting in breach of Anwar's right to freedom of speech guaranteed under the constitution.

“The junior (deputy) minister does not seem to realise that the law provides that a person retains all his fundamental liberties when he enters prison, and that only his movements are curtailed,” said Anwar's lawyer and Padang Serai MP N Surendran (photo) in a statement today.

Yesterday, Bernama reported Nur Jazlan being “irked” by Anwar's recent statements made through the latter's lawyers, saying, "If Anwar’s statements were relayed through third parties and were not approved by the Prisons Department, then it is an offence that can affect the jail period."

It was reported earlier this week that Anwar is set to be released on June 8, on account of good behaviour.

'What of Shafee's roadshow?'

Surendran said the alleged attempt to silence Anwar was also “in complete breach of the basic principles of fairness and justice” since the jailed leader is constantly being attacked in the media by the BN, without a right to reply.

“Umno and BN leaders regularly criticise or attack Anwar Ibrahim in the mass media.

“Yet, the deputy home minister wants to the deny Anwar the basic right to respond to public attacks upon him by BN leaders.

“Since Umno and BN leaders constantly attack or disparage Anwar in the media, they should also be brave enough to face his responses,” he said, reminding the deputy minister of when specially appointed prosecutor Shafee Abdullah and Umno Youth leader Khairy Jamaluddin went on a nationwide roadshow against Anwar, shortly after he had been sent to prison.

“Why didn't Nur Jazlan speak out against the public denigration of the imprisoned Anwar during the so-called roadshow?” Surendran asked.

The MP also wondered if Nur Jazlan's reaction was prompted by Anwar's endorsement of Bersatu, which is attempting to take on Johor where the latter's seat is situated.

“Is he worried about how precarious his chances are in Johor in the coming general election?” he asked.

Rule's constitutionality 'not tested'

Meanwhile, lawyer Andrew Khoo (photo) said certain freedoms are curtailed in prison.

“Outgoing written communications can be scrutinised and censored under the Prison Regulations 2000,” he told Malaysiakini when asked.

However, he cautioned that these regulations have not been tested against the constitution.

“From a human rights perspective, there should be very few curtailment of fundamental liberties,” he said.

He added there is truth to the claim that Anwar's early release may be in jeopardy.

“As a general rule, there is one-third remission of a jail sentence for good behaviour.

“But if a prisoner has misbehaved, he may get a lower or no remission.

“What Nur Jazlan is saying is that issuing statements from prison could constitute a breach of prison regulations, and therefore (constitute) misbehaviour,” said Khoo.

'Like muzzling Mandela'

When asked about a prisoner's rights to freedom of expression, human rights lawyer Eric Paulsen (photo) in a message to Malaysiakini called the Malaysian prison system “archaic”.

“In modern states, inmates even have Internet access. So yes, prisoners absolutely should still be able to exercise their other freedoms other than their liberty.

Paulsen said Nur Jazlan need not “exaggerate” this matter “as though it is a criminal offence to issue statements”, particularly since Anwar is the country's leading opposition politician, drawing comparisons with South African president Nelson Mandela.

“He must be reminded that Anwar Ibrahim is a prisoner of conscience and a leader of the opposition, recognised the world over.

“He is perfectly entitled to speak his mind on party matters, politics and other national issues.

“Why should he be gagged or threatened with longer jail time, just because he is the government's political opponent?” asked Paulsen.

“Maybe the deputy minister should reflect if Mandela should be prevented from speaking (while he was incarcerated), just because it might be against prison regulations during apartheid?”