Court upholds no physical contact rule for Anwar during family prison visits

The Court of Appeal today dismissed the appeal by PKR de facto leader Anwar Ibrahim's family to allow physical contact during prison visits.

This came after Anwar's family members including his wife Dr Wan Azizah Wan Ismail, children and grandchildren lost their bid in May last year in challenging the Prisons Department's decision. 

The three-member bench led by Justice Ahmadi Asnawi ruled that the prohibition was not irrational or unreasonable as it did not go against Regulation 86 of the Prison Rules.

The judge said the letter dated March 2016 from the Prisons Department in reply to Anwar's family in declining physical contact was not unreasonable and disproportionate.

"The letter states that it would consider the matter on a case-by-case basis. Hence, this is not unreasonable and disproportionate.

"There is no merit in the appeal and we dismiss the application with no order as to costs," Justice Ahmadi said.

The other judges were Justice Vernon Ong and Justice Suraya Othman.

Lawyer N Surendran said they will appeal against today's decision as it is inhumane not to allow prisoners physical contact.

Surendran said they would apply for leave to appeal to the Federal Court.

Earlier, during submissions before the appellate court, Surendran said not allowing Anwar physical contact with his family members was a violation of Anwar's rights under Article 5 and Article 8 of the Federal Constitution.

"Denying contact visit is disproportionate to the aim of judicial punishment as it denies him any contact with his family members during the period of imprisonment," he said.

Surendran (above) said family members were only allowed to speak to Anwar through a glass window.

'Security reasons'

"In some prisons in the US, they allow physical contact with prisoners while in the UK they are more lenient," said the lawyer.

He added that physical contact with family members in local prisons was allowed only during festivity visits like Chinese New Year or Hari Raya.

Senior federal counsel Shamsul Bolhassan said it was not that the Prisons Department did not want to provide physical contact but it was done for safety and security reasons.

"There are many prisoners and if we provide all of them contact it would certainly create a problem. Hence, there must be discretion to provide on a case-to-case basis," he said.

Shamsul said between 2015 and 2016, Anwar has been allowed physical contact 146 times i.e. 61 in 2015 and 146 in 2016.

However, Surendran said this is mainly due to visits the family made to the hospital or courts when there are cases.

Anwar is serving a five-year jail term for his second sodomy conviction sodomy. He is expected to be released on June 8 this year after remission. - Mkini