GOM PROTESTS U.S. REMARKS ON ANWAR IBRAHIM CASE

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000570

SIPDIS

FOR EAP/MTS

E.O. 12958: DECL: 07/03/2018
TAGS: PREL PGOV KDEM MY
SUBJECT: GOM PROTESTS U.S. REMARKS ON ANWAR IBRAHIM CASE

REF: A. KUALA LUMPUR 563 - ANWAR ON OFFENSIVE

B. KUALA LUMPUR 557 - ANWAR TAKES REFUGE

Classified By: Ambasador James R. Keith, reason 1.4 (b and d).


1. (C) Malaysian Foreign Ministry Secretary General Rastam
Mohd Isa called in the Ambassador on July 3 to deliver a note
of protest over remarks by the State Department Spokesman on
June 30 related to the recent sodomy allegations against de
facto Opposition leader Anwar Ibrahim. After reading
highlights from the note, Rastam explained that he was
delivering the protest on the specific instruction of the
Prime Minister. "The Malaysian government is not happy at
all" with the U.S. remarks, Rastam added.


2. (SBU) We repeat the MFA "aide memoire" dated July 3 in
full below.

Begin Aide Memoire:

The Government of Malaysia notes with great concern that Mr.
Tom Casey, the Deputy Spokesman of the US State Department,
who, by his own admission, had not had a chance to look at
the facts made a statement in response to a question by a
reporter regarding Dato' Seri Anwar Ibrahim at the daily
press briefing on Monday, 30 June 2008.

We also note with concern that his comment was made in
response to an erroneous assumption by the reporter who had
referred to "Anwar's arrest".

The Government of Malaysia views very seriously the
insinuation that Dato' Seri Anwar Ibrahim was subject to a
"politically-motivated investigation or prosecution". Mr.
Casey's expression of concern that the use of law enforcement
or judicial procedures for anything other than legitimate
purposes of the law seems to indicate that the United States
is prejudiced against the Government of Malaysia and the
enforcement of this country's laws, legislative procedures
and administration of justice.

The Government of Malaysia has in fact assured that the
police and relevant authorities in Malaysia will conduct a
thorough investigation into the allegations made against
Dato' Seri Anwar Ibrahim in accordance with Malaysian laws
and in a professional and responsible manner.

As stated by the Prime Minister on 1 July 2008, the
Government of Malaysia "will not intervene in the
investigation into the allegations against Dato' Seri Anwar
Ibrahim and the team carrying out the probe are professionals
and they know their duties".

The investigation is not about politics and should not be
viewed as politically motivated.

The Government of Malaysia has given assurances on the
security and safety of Dato' Seri Anwar Ibrahim. He is not
under any political persecution whatsoever. The laws of the
country guarantee the safety of every citizen and the
Government of Malaysia will ensure that no one is ill treated
or threatened and that any action relating to the law would
be implemented taking into account due process.

To suggest that there is a pattern between previous incidents
and the current investigation is erroneous and a serious
insinuation against the Government of Malaysia. This clearly
demonstrates a gross misunderstanding of Malaysian society,
values, culture and law.

Any presumption on the part of outsiders to comment on
Malaysian laws and legal process is simply unacceptable to
the Government of Malaysia. Malaysia is a law abiding country
with high regard for the rule of law and due process. The
rule of law is of the utmost priority to Malaysia. The United
States or any other country has no right to intervene in this
matter. It should be left to the police and relevant
authorities to deal with the current situation.

End Aide Memoire.


3. (C) The Ambassador responded that it was unfortunate that
the GOM had viewed the U.S. remarks as interference in
Malaysia's internal affairs because that was neither our
intention nor our view of our public affirmation of the rule
of law. The U.S. took no partisan position in Malaysia's
internal politics, and none should be inferred by the June 30
remarks, which were made in response to a question, not as a

KUALA LUMP 00000570 002 OF 002


separate U.S. statement. The U.S. valued Malaysia as a
friend, and we had a vested interest in Malaysia's success.
The Ambassador encouraged better dialogue between our two
governments, and he took the opportunity to recommend that
the GOM soon name an ambassador-designate to take up the now
vacant position in Washington.


4. (C) Rastam replied that the GOM would seek to maintain
its good relations with the U.S., noting in particular the
importance of our bilateral economic ties. The MFA wanted to
ensure proper dialogue with the U.S. and hoped the Embassy
would convey an accurate picture of Malaysia. Rastam said he
did not intend to make a public issue out of the meeting with
the Ambassador, and he undertook to inform the Ambassador if
the GOM decided otherwise.
KEITH