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Malaysia Today - Your Source of Independent News |
- WIKILEAKS: PRESSURE MOUNTS AGAINST INTERNAL SECURITY ACT (ISA)
- WIKILEAKS: ANWAR SHIFTS GEARS, NOT GOALS, SAY AIDES
- Have things changed that much?
- WIKILEAKS: COURT ACQUITS NAJIB'S EX-ADVISOR IN MURDER TRIAL
- WIKILEAKS: OPPOSITION JOURNALIST DETAINED UNDER THE INTERNAL SECURITY ACT
| WIKILEAKS: PRESSURE MOUNTS AGAINST INTERNAL SECURITY ACT (ISA) Posted: 04 Aug 2011 01:00 AM PDT
The ISA also is subject to misuse for political ends and is an important insurance policy for maintaining UMNO in power. For both CT and political reasons, the GOM will not readily give up the ISA. We doubt that the increased political pressure and seeming swing in public opinion against the ISA, due in part to its misuse in September, will result in the ISA's amendment or revocation in the near future, absent the Opposition coming to power. THE CORRIDORS OF POWER Raja Petra Kamarudin
S E C R E T SECTION 01 OF 04 KUALA LUMPUR 001114
SIPDIS
E.O. 12958: DECL: 12/19/2028 TAGS: PTER, PGOV, PHUM, KJUS, KDEM SUBJECT: PRESSURE MOUNTS AGAINST INTERNAL SECURITY ACT (ISA)
REF: A. KUALA LUMPUR 1026 - DPM NAJIB DISCUSSES ISA B. KUALA LUMPUR 990 - RAJA PETRA RELEASED C. KUALA LUMPUR 944 - MCA AND GERAKAN CRITICIZE UMNO D. KUALA LUMPUR 846 - UPDATE ON RAJA PETRA E. KUALA LUMPUR 834 - KOK RELEASED FROM ISA F. KUALA LUMPUR 810 - UPROAR OVER ISA G. KUALA LUMPUR 806 - JOURNALIST DETAINED UNDER ISA H. 07 KUALA LUMPUR 902 - BEYOND ISA
Classified By: Political Counselor Mark D. Clark, reason 1.4 (b, c and d).
NOTE: THIS CABLE TRANSMITS AN EDITED VERSION OF KUALA LUMPUR 1102 SENT ON 12/18/08 IN MORE RESTRICTED CHANNELS. END NOTE.
1. (S) Summary: The Malaysian government's use of the Internal Security Act (ISA), which allows for detention without trial and is central to the GOM's intelligence-driven CT effort, has come under increasing political pressure over the past three months. The GOM's employment of the ISA in September to carry out three politically-motivated ISA detentions unrelated to terrorism sparked unprecedented public criticism. At least eight component parties from the governing National Front (BN) coalition have since broken ranks with the leading United Malays National Organization (UMNO) and called for amending or abolishing the ISA. The opposition party alliance led by Anwar Ibrahim has made the revocation of ISA one of its highest profile policy goals. In November, a High Court judge delivered a legal blow to the GOM's wide discretion in using the ISA in a ruling that freed blogger Raja Petra, and the GOM is appealing the decision. Prime Minister Abdullah, his deputy and successor Najib and Home Minister Syed Hamid have defended the ISA as essential to national security, while Najib told the Ambassador privately ISA should be retained but used more judiciously. The GOM released 17 ISA detainees, among them 10 previously linked to terrorist groups, including Yazid Sufaat, from November 5 to December 4. 2. (S) Comment: The ISA is the cornerstone of Malaysia's CT effort and has allowed Special Branch to take successful preemptive action against suspected terrorists and their supporters. Given the GOM's exclusive reliance on the ISA "crutch" and on Special Branch's role, police and prosecutors remain ill-prepared to investigate and bring to trial terrorist suspects (or prosecute other complex criminal conspiracies). The ISA also is subject to misuse for political ends and is an important insurance policy for maintaining UMNO in power. For both CT and political reasons, the GOM will not readily give up the ISA. We doubt that the increased political pressure and seeming swing in public opinion against the ISA, due in part to its misuse in September, will result in the ISA's amendment or revocation in the near future, absent the Opposition coming to power. These developments, however, reinforce the conclusion (ref H) that Malaysia cannot take for granted the availability of the ISA as a CT tool in the long run. It remains in the U.S. interest to encourage and assist Malaysia to develop an approach centered on prosecutions and convictions before an independent judiciary to combat terrorism. 3. (C) Comment continued: It is unclear to what extent outside political pressures played a direct role in the GOM's latest release of ISA detainees. The decisions may have more to do with Syed Hamid's personal exercise of authority as Home Minister. Syed Hamid has taken a more proactive role as Home Minister, compared to PM Abdullah who held the position through March 2008 and tended not to become involved in details. End Summary and Comment. 4. (C) The Malaysian government's use of the Internal Security Act (ISA), central to the GOM's intelligence-driven counterterrorism efforts, has come under increasing political pressure since the September ISA arrests of three persons based on political rather security considerations. The September 12 ISA detentions of an ethnic Chinese journalist, an ethnic Chinese Opposition MP (Teresa Kok), and a prominent blogger (Raja Petra Kamarudin) served the ruling UMNO party's immediate political purpose of sending a warning to opposition politicians and those considering defecting from BN, as some UMNO politicians have told us. This came at a time when Anwar Ibrahim was publicly threatening to bring down the BN government via parliamentary crossovers by September 16. The arrests, however, also sparked unprecedented public criticism of the ISA, including from UMNO's ethnic minority partners within BN. The Malaysian Chinese Association (MCA), the key ethnic Chinese BN component party, reportedly threatened to leave BN unless the GOM released the Chinese journalist; the GOM complied within less than 24 hours (ref F). Authorities freed MP Teresa Kok after seven days. Home Minister Syed Hamid ordered a two-year ISA detention period for Raja Petra, who was freed on appeal in November in a surprise court ruling (see below). 5. (C) Comment: Unlike his predecessor Mahathir, PM Abdullah refrained from using the ISA for political purposes until December 2007 when police detained five leaders of the ethnic Indian activist group HINDRAF that organized large street protests. The public viewed the GOM's September 2008 ISA arrests as more transparently political, in part because of the lack of public order concerns. End Comment. 6. (C) Political pressure against the ISA did not dissipate following the release of the first two of the three recent ISA detainees. At least eight component parties from the governing BN coalition of 14 parties have since broken ranks with UMNO and called for amending or reviewing the grounds for the ISA, while several have supported the law's abolition. In late September MCA, BN's second largest party, called for "a comprehensive review of the ISA so that it will apply strictly to cases relating to terrorism and subversive elements," and also argued for the introduction of "checks and balances in the use of ISA." The leader of the Gerakan party, Koh Tsu Koon, called on the GOM to "abolish the ISA once and for all," and rely on the judicial system instead. The leader of the Peoples Progressive Party (PPP) also initially called for ISA to be abolished, and on December 1 said PPP would withdraw from BN unless if the ISA were not amended before the next election. In response, Prime Minister Abdullah called PPP's bluff and said the small party, which holds no seats in Parliament, could leave BN if it wished. BN MPs so far have not backed up their criticism of ISA with action. In response to a petition circulated in Parliament for the review or repeal of ISA, only one BN MP signed his name. 7. (C) The opposition party alliance (Pakatan Rakyat, or Pakatan) led by Anwar Ibrahim has vocally condemned ISA as undemocratic and unjust, and made the abolishment of ISA one of its highest profile policy goals. A number of senior officials from Pakatan's three parties, Anwar's Peoples Justice Party (PKR), the Democratic Action Party (DAP), and the Islamic Party of Malaysia (PAS) were detained under ISA during the era of former Prime Minister Mahathir. Not surprisingly, the three parties have vowed to revoke ISA if they come to power. "Abolish ISA" was the most prominent theme at PKR's annual party conference on November 29, which Polcouns observed. The keynote event concluded with a focus on ISA and featured large screens that scrolled through the list of all 60-plus ISA detainees with the several thousand attendees reciting the detainees' names as they appeared. Well-known blogger Raja Petra, released from ISA detention only days before, mounted the stage as the surprise guest of the grand finale. 8. (SBU) On November 7, a High Court judge delivered an unanticipated legal blow to the GOM's wide discretion in using the ISA in a habeas corpus ruling that freed blogger Raja Petra. The Embassy obtained the full text of the judge's 22-page ruling. ISA Section 8.B states "there shall be no judicial review in any court" of the Home Minister's exercise of "discretionary powers in accordance with this Act," except for compliance with procedural requirements. The judge ruled, however, that the Home Minister decisions could not be "unfettered and arbitrary," allowing for the court to consider whether the Minister's ISA detention order was "in accordance with the Act," and its focus on threats to national security, including the national economy; threats to maintenance of essential services; and threats to the public emanating from a "substantial body of persons" who intend to change the government through unlawful means. In the case of Raja Petra, the judge concluded that the grounds for his detention did not fall within the purview of the ISA. The government has appealed the ruling and as of mid-December the appeal remains pending. 9. (C) Many civil society groups took the opportunity over the past three months to highlight their standing opposition to the ISA, as well as other emergency ordinances that allow for detention without trial. Both conservative and liberal Muslim NGOs called on the GOM to abolish the ISA, as did the inter-faith Consultative Forum that groups the leaders of all major religions except Islam. The National Human Rights Commission (SUHAKAM) chairman Abu Talib restated the commission's existing position, namely "detention without trial is against human rights principles; that's why we advised the Government years ago to repeal the ISA." 10. (C) As questions over the ISA have mounted, Prime Minister Abdullah, his deputy and successor Najib, and other senior UMNO leaders defended the ISA as essential to national security. In the wake of public criticism over the September ISA arrests, Home Minister Syed Hamid, who has authority under the ISA to approve detention orders, defended the Act as essential and stated clearly that "we have no plans to do away with ISA." In early December, Syed Hamid waved off criticisms, arguing that the ISA "has never been abused or used for politics." He also commented that, "Malaysians sometimes don't know how lucky we are in that we have not experienced what is happening in Mumbai (the terrorist attack) and Bangkok (political unrest) now." He said the fact that there have been no post 9/11 terrors attacks in Malaysia was in part due to the ISA. On December 15, Syed Hamid again publicly defended use of the ISA, stating, "More apt, faster and better to use the ISA... detention under the act is early action to prevent the security of the country from being adversely affected." 11. (C) DPM Najib, who is anticipated to become Prime Minister in late March 2009, told the Ambassador privately on November 11 that the government continued to need the ISA, "even though there are civil liberty concerns," but should reserve ISA only for those who pose "serious threats, like terrorists" (ref A). On December 8, PM Abdullah publicly rejected calls for amendments to the ISA. 12. (SBU) In early December, local and international press reported that the GOM had released 17 ISA detainees from November 5 through December 4. Of those released, 10 had been held for suspected links to Al Qaeda, Jemaah Islamiyah, and/or the Darul Islam terrorist groups. The released terrorist suspects included Yazid Sufaat, who played an important role in Al Qaeda's anthrax development program, according to the 9/11 Commission. The remaining seven persons released consisted of suspected foreign agents (2 persons), southern Thailand separatists (2), document forgers (2), and prominent blogger Raja Petra, according to an NGO that consistently and accurately monitors ISA detentions. In his public remarks, Syed Hamid said those recently released ISA detainees had been rehabilitated and no longer posed a security threat to Malaysia. 13. (S) Note: Authorities had detained the terrorist suspects for periods between two and (in the case of Yazid Sufaat) seven years, for an average detention period of four years for the ten individuals. Special Branch relies on a process for rehabilitating ISA detainees, and eventually releasing them under restricted and monitored conditions when judged necessary. The GOM has never attempted to prosecute any terrorist suspects, including those held under the ISA. This is due in large part to the fact that the GOM pursues almost exclusively an intelligence approach to CT, as opposed to a law enforcement approach that would involve criminal investigations, collection of legally admissible evidence, and development of cases for prosecution in the courts. In 2007, Malaysia amended anti-terrorism provisions in its penal code and criminal procedures code, but authorities have not yet utilized these provisions. Malaysia also has a poor track record of prosecuting other complex criminal conspiracies, including drug trafficking cases, preferring instead to utilize the ISA and other emergency ordinances to detain suspects without trial. End Note. 14. (S) A well-known journalist contacted us in early December and said that officers of the Police Special Branch had complained to him that Home Minister Syed Hamid had ordered the recent releases of terrorist suspects without adequate consultation and in some cases against the recommendation of Special Branch. Australian and British diplomats, speaking with Polcouns December 16, stated that Syed Hamid, who is a lawyer by training, personally reviewed the dossiers of ISA detainees and was inclined to approve releases absent compelling justification from the Special Branch. 15. (C) The Thai embassy contacted Poloff on December 15 to express concern over the release of two ISA detainees (Abdul Rahman bin Ahmad and Mat Tarmizi bin Shamsudin, who apparently are dual-citizens of Malaysia and Thailand) who had been held for their connection to the insurgency in southern Thailand. The Thai diplomat said Bangkok considered Abdul Rahman in particular to be a major player in the insurgency. He noted that those released are required to remain in Malaysia and check in periodically with the police. The Thai diplomat said he believed the GOM released the detainees in order to diffuse criticism of the ISA. We learned that the Thai embassy also has contacted other Western embassies (UK, France, Australia) to express concern over the recent ISA releases. KEITH
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| WIKILEAKS: ANWAR SHIFTS GEARS, NOT GOALS, SAY AIDES Posted: 02 Aug 2011 01:00 AM PDT
Talks with Razaleigh remain inconclusive because Razaleigh continues to insist on the prospective position of Prime Minister, while PKR estimates that Razaleigh could secure the crossover of only four or five UMNO MPs. Anwar is also maintaining contact with PM Abdullah at this stage, primarily through son-in-law Khairy Jamaluddin, Tian Chua said. Whether members of Abdullah's circle would consider crossing over to Anwar remained an open question. THE CORRIDORS OF POWER Raja Petra Kamarudin
C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 000991
SIPDIS
FOR EAP AND INR
E.O. 12958: DECL: 07/16/2018 TAGS: PGOV, PINR, KDEM, MY SUBJECT: ANWAR SHIFTS GEARS, NOT GOALS, SAY AIDES
REF: KUALA LUMPUR 979 - INITIAL REACTION TO U.S. ELECTION
Classified By: Political Counselor Mark D. Clark for reasons 1.4 (b and d).
Summary and Comment 1. (C) Opposition leader Anwar Ibrahim has shifted to a less aggressive posture for now, but his goal remains bringing down the UMNO-led government through parliamentary crossovers prior to Deputy Prime Minister Najib becoming the next UMNO party president and Prime Minister, according to top officials in Anwar's Peoples Justice Party (PKR). Part of Anwar's strategy entails reaching out to the "losers" in the transition from Prime Minister Abdullah to Najib, including UMNO veteran Tengku Razaleigh. The PKR officials acknowledged that the government's September arrests of three persons under the Internal Security Act (ISA) had sent an effective warning to those considering switching their support to Anwar. PKR officials and Anwar's lawyers assumed the sodomy prosecution against Anwar would move forward, with a trial phase likely beginning by January. The Opposition was unlikely to support "superficial" reforms that UMNO would try to rush through parliament as part of outgoing PM Abdullah's legacy. The Ambassador met on October 30 with Tengku Razaleigh, who complained about his inability to compete in the UMNO nomination process due to money politics and contended that the next UMNO president (Najib) would not necessarily become the next Prime Minister. 2. (C) Comment: We currently are witnessing a different tone and pace in the struggle between the Opposition and UMNO following Anwar's unrealized September deadline and the rapid consolidation of UMNO support behind Najib as the next Prime Minister. While PKR's rationale for wanting to head-off Najib remains in place, Anwar has lost political momentum for the moment and seems to face increasingly long odds in securing future crossovers. Anwar's ability to attract the "losers" from the Abdullah-Najib transition remains theoretical. End Summary and Comment. Anwar's Less Aggressive Posture 3. (C) Polcouns met separately with PKR Information Chief Tian Chua and PKR Vice President Sivarasa Rasiah on November 3 and 5, respectively. Both PKR officials acknowledged that Opposition leader Anwar Ibrahim has shifted to a lower key approach since the passage of Anwar's public September 16 deadline to bring down PM Abdullah's government through the crossover of 30 or more government MPs. Compared with September, Anwar is now more focused on consolidating the Opposition People's Alliance (Pakatan Rakyat), which encompasses three parties with often disparate political views: PKR, the Chinese-dominated Democratic Action Party (DAP), and the Islamic Party of Malaysia (PAS). As the formal Opposition leader in Parliament, Anwar is devoting attention to Pakatan's actions in parliament and guiding Opposition MPs, most of whom are sitting in the body for the first time. Crossover Goal Unchanged 4. (C) Despite his less aggressive public posture, Anwar's goal remains bringing down the UMNO-led government through parliamentary crossovers prior to Deputy Prime Minister Najib Tun Razak becoming the next UMNO party president and Prime Minister, Tian Chua and Sivarasa stated. The time horizon has shifted from December to March 2009, in line with the shift in the UMNO party elections, at which time Najib is set to become UMNO president uncontested. PKR officials reiterated that Anwar and PKR remain focused on preempting Najib's takeover if possible, because they believe Najib would invoke authoritarian measures to scuttle the Opposition before the next national elections. In the months ahead, PKR would look for opportunities to weaken support for Najib and the government, for example by criticizing GOM measures in the face of a possible dramatic downturn in the economy following the global financial crisis, or by using new information linking Najib to scandals, like the Altantuya case and the Eurocopter purchase. (Comment: Anwar and other Opposition leaders have taken up such issues in Parliament over the past few weeks. On November 4, Anwar led a walk-out of Opposition MPs to protest Najib's refusal to allow questions during his presentation of revised budget figures. End Comment.) Attracting the "Losers" 5. (C) Anwar does not have enough ethnic Malay MPs ready to join the Opposition, according to both Tian Chua and Sivarasa, without which the Opposition faces unacceptable risks of a harsh government backlash justified on the basis of Malay nationalism. Anwar reportedly hopes to attract disaffected UMNO leaders and MPs who are "losers" in the current transition from Abdullah to Najib; most prominent among these is veteran UMNO leader Tengku Razaleigh Hamzah. Talks with Razaleigh remain inconclusive because Razaleigh continues to insist on the prospective position of Prime Minister, while PKR estimates that Razaleigh could secure the crossover of only four or five UMNO MPs (see notes below from the Ambassador's recent meeting with Razaleigh). Anwar is also maintaining contact with PM Abdullah at this stage, primarily through son-in-law Khairy Jamaluddin, Tian Chua said. Whether members of Abdullah's circle would consider crossing over to Anwar remained an open question. ISA as Warning to MPs 6. (C) The two PKR officials acknowledged that the government's September arrests of three persons -- a journalist, an Opposition MP and blogger Raja Petra -- under the Internal Security Act (ISA) had sent an effective warning to those MPs considering switching support to Anwar. (let's mention Petra's release today) (Comment: In early October, UMNO MP Nur Jazlan told Polcouns that the ISA arrests had been "very successful" in achieving UMNO's objective of intimidating MPs who had considered joining with Anwar. End Comment.) Sodomy Trial Will Remain a Factor 7. (C) Sankara Nair, a prominent attorney for Anwar, told us on November 5 that, regardless of maneuvers in the current Sessions Court, it only a matter of time before the government shifted Anwar's sodomy case to the High Court, a more favorable venue for the prosecution. Sivarasa, who also serves as one of Anwar's lawyers, believed that the trial phase of the sodomy case would begin in earnest by January. Neither Sankara nor Sivarasa believed the government would drop the case. Opposition Unlikely to Support Abdullah's Reforms 8. (C) The Prime Minister's circle -- through Khairy -- has approached Anwar regarding support for judicial reform measures that would be presented in Parliament soon as part of Abdullah's parting legacy, according to Sivarasa and Tian Chua. The Opposition, however, was unlikely to support these measures because they did not represent meaningful changes. The Opposition believed, for example, the proposed changes to the Anti-Corruption Commission would leave the body under firm executive control. Following the resignation of legal reform Minister Zaid Ibrahim, Nazri Aziz, de facto Minister for parliamentary affairs, led the judicial reform discussions in Parliament, but he lacked credibility. Anwar and the U.S. Presidential Election 9. (U) Following his initial remarks of November 5 (reftel), Anwar has continued to comment generally positively on Senator Obama's victory in the U.S. presidential election. Time Magazine highlighted Anwar's remarks on President-elect Obama as the first among those of only 11 prominent world personalities. Anwar wrote that, "In Obama's victory are sown the seeds of great expectations that a truly new chapter will be written in the history of the world." Anwar publicly claimed he had been in contact with Senator Obama. Ambassador Calls on Razaleigh 10. (C) The Ambassador met on October 30 with Tengku Razaleigh, who, as the only challenger to DPM Najib for the UMNO presidency, had yet to garner a single UMNO division nomination (he now has one). Casting himself as a reformer, Razaleigh said that he wished to bring greater democracy and transparency to UMNO, but that he could not compete in the current nomination race in the face of engrained corruption and money-politics. Razaleigh said that Najib's coming to power would allow former Prime Minister Mahathir to regain substantial influence within the government. Razaleigh indicated his relations with Mahathir, his former political rival, remained strained. 11. (C) While Razaleigh conceded that Najib would win the UMNO contest, he stressed several times to the Ambassador that the next UMNO president would not necessarily become the next Prime Minister, but did not further explain this remark. Razaleigh speculated that there now existed grounds for PM Abdullah and Anwar Ibrahim to work together, for example on reform measures. Razaleigh thought that Khairy Jamaluddin currently acted as the go-between for Abdullah and Anwar. Razaleigh acknowledged, as he has publicly, that he continues contact with opposition politicians, but he did not otherwise signal he planned to leave UMNO. KEITH
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| Have things changed that much? Posted: 01 Aug 2011 05:58 PM PDT
Well, this later proved true when DAP left the opposition coalition and the opposition got whacked good and proper in the 2004 general election. No doubt each party's interest was 'protected'. But then at what cost? At the cost of the opposition cause and by sacrificing the opposition coalition -- which performed its worst in history in the 2004 general election. THE CORRIDORS OF POWER Raja Petra Kamarudin At a dinner with some friends on Sunday evening, they said that I appear to have changed. Like many of you, they were not Malaysia Today readers back in 2004 when it was first launched. Many, I know, only started reading Malaysia Today around 2007-2008. Actually, if you read what I wrote 12 years ago back in 1999, you will find that my views have not changed much. For example, even back in 1999 I would whack the opposition coalition, then called Barisan Alternatif. Note that in 1999, I was working for PKR (then called Parti Keadilan Nasional) in the media unit. Then, the DAP people were vilifying me in the late MGG Pillai's website, Sang Kancil, because I criticised DAP on its anti-Islamic State stand. It became so bad that I stopped contributing articles to Sang Kancil and decided to 'boycott' it. Anwar Ibrahim, who was then in the Sungai Buloh Prison, used to send me memos telling me how the party leadership was very unhappy with my anti-PAS commentaries. Their rationale was that since PAS is a member of Barisan Alternatif, I can't keep whacking them on the Islamic State issue. While the DAP people were angry that I whacked them on their anti-Islamic State stand, the PKR people were angry that I whacked PAS on their pro-Islamic State stand. Only PAS appeared unperturbed about my views -- which they probably regarded as inconsequential. Many viewed this as my 'inconsistency'. They thought that maybe I am a very confused person. I whacked DAP when they opposed the Islamic State and I whacked PAS when they proposed it. They did not understand that it is not because of my inconsistent stand on the Islamic State issue as much as my concern that we needed to look at the bigger picture or 'group interest' rather than the narrower 'own party interest'. In short, we should do things on consensus rather than focus on just party interest at the expense of coalition interest. If we had gone on like this, Barisan Alternatif would have broken up and the opposition would have lost the gains it made in 1999. Well, this later proved true when DAP left the opposition coalition and the opposition got whacked good and proper in the 2004 general election. No doubt each party's interest was 'protected'. But then at what cost? At the cost of the opposition cause and by sacrificing the opposition coalition -- which performed its worst in history in the 2004 general election. Anyway, I wrote the following article called 'Tengku Razaleigh: the last Malay gentleman' five years ago on 5th June 2006. Maybe this article can demonstrate what I mean. ************************************** Tengku Razaleigh: the last Malay gentleman Those aligned to Anwar Ibrahim feel I am very harsh towards him. Those aligned to Tun Dr Mahathir Mohamad also feel I am very harsh towards him. Those aligned to Najib Tun Razak feel I am very harsh towards him as well. And of course, when it comes to Khairy Jamaluddin, he himself feels I am just too brutal. Those from the Islamic Party of Malaysia (PAS) cringe whenever I write about their party. But they do not really make a big case out of it. They just whisper into my ear that maybe I am being a bit unfair in what I write. Some even tell me, "Fair comment and comments which our leaders should take note of!" Those from the Democratic Action (DAP) say they do not mind that I criticise their party. I do not know whether they are just being diplomatic and are trying to give an impression that they are truly democratic and respect freedom of speech, but I am inclined to take what they say at face value. The Peoples' Justice Party (keADILan) however does not hold its punches. Its Information Chief has issued a press statement 'disowning' me and distancing the party from Malaysia Today. And of course we need not even mention Umno or Barisan Nasional that have been the brunt of my attacks for many long years, long before Anwar was ousted from power and in the days when he was still being touted as the next Prime Minister of Malaysia -- though in my writings in Harakah back in 1996 and 1997 I did say that this would never happen, and also gave my reasons on why I said so. Some say I am not consistent. They do not know whether I am coming or going. One day I swing this way and, another, the other. They feel that maybe it is because I am a loose cannon -- and a loose cannon is called a loose cannon because it rolls all over the deck, shoots in all directions, and sometimes shoots its own ship as well. A loose cannon is loose only because it is not tied down and would roll in tandem with the roll of the ship. Nevertheless, whether I am viewed as inconsistent, or a loose cannon, one thing you can be sure of, I am consistently shooting and everyone sooner or later gets shot. That is my consistency. But then there are some who have been spared my attacks -- those I have great respect for and look up to, though many others may not share my view on them. And who are these people? There are many -- Fadzil Noor, Hadi Awang, Nik Aziz, Mustaffa Ali, Husam Musa, Tengku Razaleigh Hamzah, Ibrahim Ali, Shahrir Samad, Lim Guan Eng, Ronnie Liu, Dr Siti Mariah, Dr Lo' Lo' Ghazali, Dr Hatta Ramli, and many, many more. This list is in fact endless. However, not necessarily in order of priority, today I would just like to talk about Tengku Tan Sri Razaleigh Hamzah. Tengku Razaleigh is one of the few remaining Malay gentlemen as far as I am concerned. And Tengku Razaleigh, as far as I am concerned, became Prime Minister in 1987 but was prevented from taking office due to a brilliant coup launched by the Dr Mahathir Team A camp. Many say that Tengku Razaleigh has no pendirian (principles). They say he left Umno to form the opposition Semangat 46, then closed down the party and rejoined Umno when he realised he was going nowhere as an opposition leader. He rejoined Umno because all he wanted was power and this can only be acquired in Umno, not in the opposition. Well, first of all, Tengku Razaleigh did not leave Umno. Umno left him. To be exact, Umno was deregistered or closed down and a new party was formed, also called Umno, or rather Umno Baru. It is just coincidental (or maybe intentional) that the new party was also called Umno. It could have been called anything, but the fact that it was called Umno confused many who thought that Umno Baru was still Umno. It is not. When the new party was formed, Tengku Razaleigh and his group were not 'invited' to join it. They were left out in the cold, so Tengku Razaleigh had no choice but to also form another party as a platform to continue with what he was trying to achieve. And he called this party Semangat 46 or 'the spirit of 1946' because he still maintained the spirit on Umno which was formed in 1946. If he could not retain the party, he would at least retain the reason or spirit behind why the party was formed in 1946. Tengku Razaleigh never intended to make it big in the opposition. But now that he was heading what was an opposition party meant he had to work with the other opposition parties. And he knew, as an opposition, he would never achieve what he set out to do. But the opposition was all he had at that moment in time so he had to make the best of it under the circumstances. Dr Mahathir did this too when he spent almost three years outside Umno soon after the 13 May 1969 race riots. And Anwar is doing this now as well. But whether it is Tengku Razaleigh, Dr Mahathir or Anwar, all their roots are in Umno and Umno would be eventually where they have to return. Tengku Razaleigh did. Dr Mahathir did. And, come a point of time, Anwar too will have to do the same. So Tengku Razaleigh, just like Dr Mahathir before him, after a stint in the opposition, rejoined Umno. That was what it was all about. The name 'Semangat 46' was a tell all. Semangat 46 was all about the spirit of Umno. In fact, 'Semangat 46' was not the first choice of name. This name was chosen only because the name 'Umno Malaysia' was rejected by the Registrar of Societies. And the Registrar rejected the name to allow 'Umno Baru' to use the name, which was submitted for registration later, after they rejected the 'Umno Malaysia' name. It would have been foolish of anyone to think that Tengku Razaleigh was committed to the opposition and had no aspirations to return to Umno. PAS knew this, and that is why they kept Tengku Razaleigh and Semangat 46 at arm's length. They knew that the PAS-Semangat 46 relationship was not a marriage but a mere flirtation and a temporary affair. And that is why the relationship was merely cordial at best, and suspicious at worse, and did not last. Did Tengku Razaleigh rejoin Umno because of the fallout with PAS? Did Tengku Razaleigh rejoin Umno because he saw he had no future in the opposition? And did Tengku Razaleigh rejoin Umno because all he wanted was power? If he did, then he could have negotiated better terms for his return to Umno. There were already murmurings that Anwar had started to make his move on Dr Mahathir and that the Prime Minister was going to make his countermove to thwart the attempt to oust him. In fact, many thought that Dr Mahathir brought Tengku Razaleigh back to Umno so that he could remove or neutralise Anwar and replace his deputy with Tengku Razaleigh. Tengku Razaleigh could have placed himself in the position to replace Anwar as the number two once Dr Mahathir makes his move. But Tengku Razaleigh did not and instead the job went to Abdullah Ahmad Badawi -- so all the assumptions about Tengku Razaleigh were misplaced. When Tengku Razaleigh decided to take on Abdullah for the Umno Presidency -- he in fact received enough support to qualify -- all the divisions were instructed to not give Tengku Razaleigh any nominations. Those that remained stubborn were nipped in the bud. For example, one Kelantan division chief who persisted in nominating Tengku Razaleigh for president received a bankruptcy notice at midnight on the eve of his division meeting. No court delivers a bankruptcy notice at midnight. But this time it did because there was going to be a division meeting the next morning and they wanted to disqualify the division chief from attending the meeting whereby he would nominate Tengku Razaleigh for president. Tengku Razaleigh was robbed of his nominations to contest the Umno presidency, as he was robbed of the presidency almost two decades before that. But he did not protest. He did not kick up a fuss. He did not go into a rage and tear Umno to pieces. He took it in his stride like a gentleman. Winning or losing is not important. How you play the game is. Others can play the dirty game. But he will not bring himself down to their same level by also playing dirty. And that is why today I wanted to talk about Tengku Tan Sri Razaleigh Hamzah, one of the few remaining Malay gentlemen, probably the most misunderstood Malaysian politician. Maybe another time I will talk about some of the others and why I place them on my list of people I respect. If you were to ask me today who I think should be the Prime Minister of Malaysia, I think you know what that answer will be. |
| WIKILEAKS: COURT ACQUITS NAJIB'S EX-ADVISOR IN MURDER TRIAL Posted: 31 Jul 2011 01:00 AM PDT
Many observers anticipated Razak's acquittal given the prosecution's poor performance, Razak's connections to DPM Najib, and the alleged and widely-perceived political manipulation in the case. The Razak verdict momentarily attracts more attention to the allegations of Najib's linkages to the case; so too would the testimony of either Balasubramaniam or Raja Petra, though it is not clear either man will be able to take the stand. THE CORRIDORS OF POWER Raja Petra Kamarudin
C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000959
SIPDIS
FOR EAP/MTS
E.O. 12958: DECL: 10/31/2028 TAGS: PGOV, PHUM, KJUS, KDEM, MY SUBJECT: COURT ACQUITS NAJIB'S EX-ADVISOR IN MURDER TRIAL
Classified By: Political Counselor Mark D. Clark for reasons 1.4 (b and d).
Summary and Comment 1. (SBU) High Court Justice Mohamad Zaki on October 31 acquitted Political Analyst Abdul Razak Baginda, former advisor to Deputy Prime Minister Najib Tun Razak, of the charge of abetting the murder of Mongolian national Altantuya Shaariibuu in October 2006, but ordered the continuation of the murder trial for two policemen. Defense lawyers announced they sought to call to the stand two men who have linked DPM Najib to the case: Razak's former private investigator Balasubramaniam, who has disappeared from public, and controversial blogger Raja Petra who is detained under the Internal Security Act. The trial of the two police defendants is set to continue November 10. In immediate commentary, political opposition leaders, including Anwar Ibrahim, did not focus on Razak's guilt or innocence, but called into question the conduct of the proceedings and suggested a cover-up to protect DPM Najib. 2. (C) Comment: Many observers anticipated Razak's acquittal given the prosecution's poor performance, Razak's connections to DPM Najib, and the alleged and widely-perceived political manipulation in the case. The Razak verdict momentarily attracts more attention to the allegations of Najib's linkages to the case; so too would the testimony of either Balasubramaniam or Raja Petra, though it is not clear either man will be able to take the stand. Allegations stemming from the Altantuya case, however, have not prevented Najib from securing all the nominations so far for the UMNO party elections. Absent dramatic and compelling new evidence prejudicial to the DPM, the Altantuya case will not slow down Najib's drive to become Malaysia's next Prime Minister. End Summary and Comment. Razak Acquitted, Trial for Policemen Continues 3. (U) High Court Justice Mohamad Zaki on October 31 acquitted Political Analyst Abdul Razak Baginda, former advisor to Deputy Prime Minister Najib Tun Razak, of charges of abetting the murder of Mongolian national Altantuya Shaariibuu in October 2006, but ordered the continuation of the murder trial for two policemen. Embassy FSN Political Assistant attended the judgment hearing. The ruling came roughly two years after Razak's arrest, and followed a lengthy 17-month trial involving the presentation of 84 witnesses. The prosecution had argued that Razak had asked the policemen to murder Altantuya, Razak's former lover who had harassed Razak for money. The judge ruled that the prosecution team failed to prove a prima facie case against Razak, and ordered his release. The judge found a sufficiently strong prosecution case against the two police defendants, Chief Inspector Azilah Hadri and Corporal Sirul Azha Umar, charged with carrying out Altantuya's murder. At the time of the crime, Azilah and Azha were members of the protection detail for DPM Najib. Defense to Call Controversial Witnesses 4. (U) The Justice requested the defense to begin their arguments later on the afternoon of October 31, but the defense requested and was granted a continuance as their witnesses were not available. In the day's most surprising turn, Kamarul Hisham, lead defense counsel for one of the accused police officers, stated he wished to place on the witness chair Razak's private investigator P. Balasubramaniam and Malaysia Today editor Raja Petra Kamarudin. Both witnesses have previously made sworn statements linking DPM Najib to the murdered Altantuya, and in the case of Raja Petra, implicating Najib's wife in the murder. Balasubramaniam, who was an early witness for the prosecution, has not been seen publicly since he issued a sworn statement in July on DPM Najib's links to the Altantuya case, and then retracted the statement the next day, allegedly under duress according to some accounts. Raja Petra is currently detained under the Internal Security Act (ISA). (Note: Although the court may order Raja Petra's presence as a witness, Section 18 of the ISA gives the Home Minister discretion to ignore the court order. End note.) The Judge set November 10 for the defense to begin its presentation. 5. (SBU) For the October 31 judgment hearing, a crowd of approximately 200 waited outside the courthouse while some 100 (primarily family members of the defendants and journalists) filled the packed courtroom. Razak's family appeared confident and remained calm throughout the whole hearing and showed no sign of surprise in Razak's acquittal. The verdict also appeared to come as no surprise to the attending crowd. The victim's father, Setev Shaariibuu, attended the judgment and afterward through an interpreter expressed his disappointment to reporters: "I am not satisfied. My daughter (knew) only one Malaysian and that is Razak Baginda. Now my daughter is dead and Baginda is freed. The country (Malaysia) has lost credibility..." Opposition Suggests Cover-Up 6. (U) In immediate comments, political opposition figures, who have suggested repeatedly that the government had engaged in a cover-up to protect DPM Najib, did not focus on Razak's guilt or innocence, but called into question the conduct of the proceedings. Opposition leader Anwar Ibrahim noted, "On a personal level, I wish Razak Baginda well, but the issue here resolves around the court procedure and investigations. There is a general and growing perception that the investigation was not done professionally, that there is a clear motive to cover up." Anwar also drew attention to recent Internet revelations of an SMS exchange between Najib and Razak Baginda's former lawyer in which Najib reportedly wrote that Razak "will face a tentative charge but all is not lost." KEITH
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| WIKILEAKS: OPPOSITION JOURNALIST DETAINED UNDER THE INTERNAL SECURITY ACT Posted: 28 Jul 2011 01:00 AM PDT
This is the second time Raja Petra has been detained under the ISA. The government of then Prime Minister Mahathir detained Raja Petra under the ISA in April 2001 for his involvement in former DPM Anwar Ibrahim initiated "reformasi" movement. He was held for 53 days before being unconditionally released, reportedly due to pressure from the King, the late Sultan of Selangor who was Raja Petra's uncle. The current Sultan of Selangor is his cousin. THE CORRIDORS OF POWER Raja Petra Kamarudin
C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000806
SIPDIS
FOR EAP/MTS
E.O. 12958: DECL: 09/12/2018 TAGS: PGOV, KDEM, MY SUBJECT: OPPOSITION JOURNALIST DETAINED UNDER THE INTERNAL SECURITY ACT
REF: KUALA LUMPUR 787
Classified By: Political Section Chief Mark D. Clark, reason 1.4 (b and d).
1. (C) Summary: Malaysian police on September 12 arrested controversial blogger Raja Petra Kamarudin under the Internal Security Act (ISA), which allows for detention without trial. Raja Petra's arrest came days after Prime Minister Abdullah threatened to use the ISA to clamp down on those allegedly stoking racial and religious tensions. The arrest stands as a warning to the growing Internet media, but also sends a signal to the political Opposition, which has vowed to topple Abdullah's coalition later this month, that the UMNO-led government could take stern measures to defend itself. End Summary. 2. (SBU) Malaysian police detained Raja Petra Kamarudin, prominent blogger and editor of the controversial website "Malaysia Today", under the Internal Security Act (ISA) on September 12. The ISA allows for detention without trial. This is the first time the Act has been implemented for blogging. Raja Petra's detention came days after Prime Minister Abdullah Badawi told reporters that the government would use the ISA on those who stoke racial and religious tensions, following inter-racial feuding in this coalition and mounting challenges to Abdullah's authority and political position (Septel). 3. (U) Home Minister Syed Hamid Albar, who approved Raja Petra's ISA detention order, told reporters that the blogger was detained under Section 73(1) of the ISA because he was deemed a threat to security, peace, and public order. The Minister explained that Raja Petra's detention came in the wake of various statements published by him in his blog "Malaysia Today," the latest being a commentary which allegedly ridiculed Islam and the Prophet Muhammad. Syed Hamid stated, "We have called and advised him many times following the publishing of his statements but he has continued to write, so much so that they (the statements) could pose a threat (to security and public order)." The Minister added that under Section 73(1) of the Act, Raja Petra would be detained for 60 days and the police will do an assessment during the period. Syed Hamid added "if they feel he should be held more than 60 days, the police will then refer to me". Traditionally the minister will accept the recommendations made by the police and sign the order under Section 8(1) of the Act, which allows the person to be detained for renewable two-year periods. 4. (U) This is the second time Raja Petra has been detained under the ISA. The government of then Prime Minister Mahathir detained Raja Petra under the ISA in April 2001 for his involvement in former DPM Anwar Ibrahim initiated "reformasi" movement. He was held for 53 days before being unconditionally released, reportedly due to pressure from the King, the late Sultan of Selangor who was Raja Petra's uncle. The current Sultan of Selangor is his cousin. 5. (U) Raja Petra's arrest came a day after the Cabinet ordered the Multimedia and Communications Commission (MCMC) to re-instate access to all blocked websites, including Raja Petra's "Malaysia Today" website (which was blocked on August 27). Energy, Water and Communications Minister Shaziman Abu Mansor stated on September 12 that the Cabinet ordered the move because there were other "harsher" laws in the country, including the ISA, to "control the irresponsible dissemination of information over the Internet and to bring those irresponsible websites and blogs to book." 6. (C) Comment: Malaysia's on-line news sources and blogs have blossomed over recent years as an alternative to the government dominated mainstream media. This trend has only increased after the March 8 elections, in which Abdullah and his UMNO party suffered a major setback. Raja Petra is considered the most outspoken and controversial Internet journalist, and is often a proponent of opposition views. Aside from his ISA arrest, Raja Petra faces sedition charges for articles implicating Deputy Prime Minister Najib in an ongoing high profile murder case. Raja Petra's arrest is another sign of insecurity on the part of Abdullah and the UMNO party. The government's use of ISA sends a strong warning to other opposition bloggers to curb their activities. This arrest may intimidate some activists, but it also could result in a backlash by the independent media and bloggers, and increase public disaffection with Abdullah's leadership. 7. (C) As PM Abdullah and his UMNO party become increasingly concerned over threats to bring down their government through the crossover of 30 more BN members of Parliament, Raja Petra's arrest also will be interpreted here as a warning to the political opposition and its leader Anwar Ibrahim. Opposition officials consistently have expressed concern that the government could invoke ISA if they advance too far. While not determinate given the fluid political situation and UMNO's disarray, today's arrest of Raja Petra lends support to the view that the UMNO-led government will take stern measures to defend itself. End Comment. 8. (U) The Embassy offers the following draft "if asked" press guidance. Q: WHAT IS THE U.S. REACTION TO THE ARREST TODAY (SEPTEMBER 12) OF BLOGGER RAJA PETRA KAMARDUDIN UNDER MALAYSIA'S INTERNAL SECURITY ACT (ISA)? A: We understand from press accounts that Malaysian police detained Raja Petra, who is associated with the "Malaysia Today" website, under an article of the Internal Security Act covering threats to "security, peace, and public order". We cannot comment further on the specific grounds for the Malaysian government's actions. We are aware that Raja Petra also faces legal complaints and charges of sedition related to information posted on the website. The United States firmly believes that freedom of the press and freedom of speech are fundamental components of a vibrant democracy. Freedom of expression is a basic right embodied in the Universal Declaration of Human Rights. The peaceful expression of political views is a cornerstone of democratic rights and practice, as is the impartial application of the rule of law. (IF ASKED SPECIFICALLY ON MALAYSIA'S USE OF THE INTERNAL SECURITY ACT) A: As a matter of principle, we hope that countries refrain from using national security laws to curtail the peaceful expression of political views and media freedom. KEITH
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