Lawyer Elly Pamatong asked Malaysian Prime Minister Mohammed Mahathir to release Filipino-Muslim renegade leader Nur Misuari since there are no more valid reasons for his continued imprisonment in Kuala Lumpur since November 24.

In a phone interview, Pamatong quoted his letter to Mahathir, saying Misuari should be released "for the sake of his nine children, in the name of his supporters, and in the name of the millions of Muslims in (the) southern Philippines who look upon him as their best chance to live their own Islamic way of life".

Mahathir, one of the "most powerful men in this planet has seemingly disregarded my letter to the United National High Commissioner for Refugees (UNHCR) in Washington D.C. which argued Misuari's rights under the 1951 Refugee Convention and Protocol," he said.

"All Malaysian assumptions upon which his detention were based have either disappeared or shown to be non-existent with unfolding events," Pamatong said in his letter.

Although the Philippine government charged Misuari with rebellion in southern Philippines, the Malaysian authorities said he has no links with the Abu Sayyaf or any other terrorist groups in the southern Philippines.

At the same time, the Malaysian government did not pursue its charge of illegal entry against Misuari and his six companions in Sabah on November 24, said Pamatong, adding Misuari has the right to be freed and go to a friendly state, where he could be tried for his alleged participation in the two short-lived rebellions in Jolo, Sulu on November 19, and in Zamboanga City on November 27.

The government's rebellion charges against Misuari was "baseless," said Pamatong, adding the charges would be contrary to the 1996 peace agreement approved by the Organisation of Islamic Countries (OIC), the Philippine government and the Moro National Liberation Front, because it paved the way for the granting of autonomy which should make the Philippine government suspend in applying its domestic laws against Misuari, said Pamatong.

At the same time, Pamatong reminded President Gloria Arroyo that the government-MNLF peace agreement was hailed by Dr Henry Kissinger as a "model" for future peace agreements, which paved the way for the grant of a Unesco Felix Houphouet peace prize to both former Philippine President Fidel Ramos and Misuari in Senegal in 1998.

Pamatong blamed Arroyo and Mahathir for claiming that Misuari is a "terrorist" which would entitle him no asylum or safe passage anywhere in the world. "It is simply ridiculous to call a Unesco peace awardee a terrorist. That's an extreme humiliation to a legendary Muslim leader," said Pamatong.

Adds Emelyn Tapaoan: Meanwhile, Misuari has identified Belgium, the Netherlands, or any OIC country as the "third country" for a fair trial.

"Maybe Belgium or Netherlands because there two countries are known for its openness for fair trial or rebels and asylum seekers," Pamatong said in a report to a human rights group of congressmen.

"Given the background of anti-Muslim policy of the government, a fair judicial process for a Muslim like Misuari can never be attained," Pamatong said, adding: "A country ranked as the fourth most corrupt institution in the world by the International Monetary Fund (IMF) is not expected to give a fair trial."

Pamatong said he would proceed to Switzerland this week to meet with UNHCR to help persuade Mahathir to allow Misuari a safe passage to a third country.

Pamatong said one of the choices include a member of the OIC, but did not give details.

Misuari's families believe the former ARMM governor will not get a fair trial in the Philippines, said Pamatong.

Pamatong's move was perceived as a "last ditch effort" to save Misuari's repatriation from Malaysia by January 15.