Institutional abuse under spotlight as Suhakam urged to hold inquiry into Daim probe

The family of the late Daim Zainuddin has turned to the Human Rights Commission (Suhakam) in their bid to get authorities investigate Anwar Ibrahim for power abuse, amid allegations that state agencies were used to go after the prime minister's political enemies.

This comes months after the police and the Attorney-General's Chambers (AGC)  refused to investigate a damning Bloomberg report alleging Anwar's interference in MACC affairs.

Daim's widow Na'imah Khalid today submitted a six-page report to the Suhakam, detailing actions to undermine state institutions, the rule of law as well as authorities' inaction on abuse of power.

She said the reason for seeking Suhakam's intervention goes beyond the series of actions against her family.

"It is about the integrity of our institutions, the rule of law, and the rights of every Malaysian," Na'imah, who was accompanied by her lawyers, told reporters at Suhakam's office in Kuala Lumpur.

"The rule of law means nothing if enforcement agencies are placed above it. Without accountability, power becomes persecution, not protection.

"No citizen should feel that justice depends on political favour, or that state power can be used without oversight."

Lawyer Rajesh Nagarajan said the complaints were lodged with Suhakam commissioner Hishamudin Yunus, adding that the report specifically refers to institutional abuses committed by the AGC, the Prime Minister's Office and MACC.

"There has been widespread and rampant abuse of power by the institutions and statutory bodies in Malaysia, and there is no recourse against these bodies.

"As a last point of recourse, our client has come to lodge a report with Suhakam in the hope that these issues will be addressed," he said.

He said Suhakam must launch an inquiry into allegations of institutional abuse.

"Suhakam is uniquely suited for this as doing a hearing, witnesses can be questioned and the truth can come out."

Naimah and her late husband were charged with failing to comply with a notice by MACC to declare assets, in what she has maintained is part of a politically motivated persecution instigated by Anwar.

Months before his death last November, an ailing Daim had become the target of attacks by Anwar, who accused him of amassing wealth illegally, a frequent claim by the prime minister against his political enemies.

After his death, Naimah insisted that the prosecution continue the trial, as it was her husband's wish to clear his name and disprove Anwar's accusations in a court of law.

However, the prosecution requested that Daim be acquitted, which the court allowed.

Despite this, MACC chief Azam Baki said that the investigation against Daim would continue.

A few days after he was given yet another extension to helm MACC, Azam announced steps to freeze Daim's business assets abroad, a move slammed by Na'imah as politically motivated and done "behind closed doors" without allowing her defence.

Silence on power abuse claims

At the heart of Nai'mah's complaint to Suhakam today is a Bloomberg report on Sept 25 last year, which quoted MACC sources as saying that the investigation into Daim was launched by Azam under pressure from Anwar.

The report, which came in the midst of MACC's investigation into Daim, also alleged that Anwar had instructed Azam not to investigate his former political secretary Farhash Wafa Salvador over the controversial purchase of shares in a company awarded a multi-billion ringgit government job.

Na'imah then filed a report asking the police to investigate Anwar for abuse of power, a crime for which he was convicted more than two decades ago.

Some eight months later, with no word from the police on the status of the report, Na'imah filed a complaint with the Independent Police Conduct Commission (IPCC) about the police's inaction.

Not long after, police informed Na'imah's lawyers that the report against the prime minister has been categorised as "no further action".

Saying she was left without any recourse to an independent body when faced "with clear abuse of power and process by MACC", Na'imah told Suhakam that the prime minister and MACC had denied the allegations contained in the Bloomberg report without providing "substantive evidence or permitting impartial oversight into the matter".

"It is for this reason that I now turn to Suhakam, whose statutory mandate and institutional independence uniquely position it to intervene, to examine these grievances, and to make the necessary recommendations to restore accountability and protect citizens from the unrestrained exercise of state power.

"Without reform, Malaysians are left exposed to unchecked executive power," she added.

Na'imah reminded Suhakam that unlike other enforcement agencies which are subject to some external scrutiny, such as the Independent Police Conduct Commission to oversee the police, MACC is not monitored in any way.

"Complaints against the MACC are referred to its own Secretariat, and ultimately to a Complaints Committee that sits within the MACC itself," she added.

"Requiring grievances against the MACC to be reported back to the MACC creates a self-policing mechanism with no independence."

She said there was no way for anyone with "legitimate complaints against MACC" to seek redress.

Na'imah said the actions against her and her family not only caused "serious personal harm, reputational damage and emotional distress", but also damaged Malaysia’s reputation as a country committed to the rule of law.

She urged Suhakam to investigate the allegations of political interference by the prime minister in MACC’s operational decisions, and whether the AGC's handling of her police report was impartial and in line with due process.