The government must heed the recommendation of Human Rights Commission (Suhakam) and allow jailed ex-deputy prime minister Anwar Ibrahim to seek treatment of his choice for his chronic backache, even if it is at overseas, said United Nations (UN) special rapporteur Param Cumaraswamy today.

"Further continued refusal would contribute to the government's alleged tarnished image within the international community," said Param.

Param said that Suhakam's statement yesterday supporting Anwar's right as a patient to seek his preferred treatment was another positive indication of the one-year-old commission's independence.

Suhakam yesterday said Anwar should be allowed to exercise his right to choose his preferred medical treatment and that there were no prohibitions in law for him to be sent abroad to seek treatment.

Suhakam also said that Anwar's offences were legally bailable and in the event he had been granted bail, he could have sought his preferred treatment.

Anwar is presently undergoing a 15-year jail term for abuse of power and sodomy. His appeals are pending at the higher courts and he has been denied bail.

Universal standards

The commission added that relevant provisions of the 1995 Prisons Act provided that where there were inadequate facilities for the treatment of a prisoner, an order may be made for the removal of the prisoner to a government hospital.

"The Act also allows the prison authorities to release a prisoner on licence and that the prisoner may be removed out of the country by sea or air," said Suhakam.

Param said that in addition to the Prisons Act, the 1977 UN Standard Minimum Rules for the Treatment of Prisoners provided that sick prisoners can be transferred to "specialised institutions or to civil hospitals".

The rules also state that the institution must have proper staff, equipment, medications for the medical care and treatment of the sick prisoner, said Param.

Param also used the example of the two-month jail sentencing of former police chief Rahim Noor for assaulting Anwar in 1998.

"Rahim was released on bail pending his appeals to the High Court and Court of Appeal. While on bail, if he had needed medical treatment overseas, he could have gone," said Param.

"Similarly, as Suhakam's statement implies, if Anwar was released on bail pending his appeals, he would have been able to travel overseas for the specialised surgery."

Back to prison

Anwar, who was admitted at the Kuala Lumpur Hospital (KLH) from Nov 25, 2000, to May 10, was moved back to the Sungai Buloh prison after he had rejected to undergo surgery locally.

He had always maintained that he wanted to undergo a less risky endoscopic spinal operation in a specialist clinic in Munich, Germany, a move which the government opposed.

The government said that Anwar could have a foreign specialist performing the surgery locally and if necessary import the equipment needed. However, the specialist, Dr Thomas Hoogland, said he could not operate here after his capabilities and methods were questioned by government ministers.