ANWAR ARRESTED FOR SODOMY

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000626 SIPDIS FOR EAP AND INR E.O. 12958: DECL: 07/16/2018 TAGS: PGOV PINR KDEM MY SUBJECT: ANWAR ARRESTED FOR SODOMY REF: A. KUALA LUMPUR 619 - LAWYER PREDICTS ARREST ¶B. KUALA LUMPUR 614 - ANWAR DUCKS POLICE ¶C. KUALA LUMPUR 575 - NAJIB FIGHTS BACK ¶D. KUALA LUMPUR 572 - NAJIB IMPLICATED IN MURDER ¶E. KUALA LUMPUR 570 - GOM DELIVERS PROTEST TO USG ¶F. KUALA LUMPUR 563 - ANWAR ON OFFENSIVE ¶G. KUALA LUMPUR 557 - ANWAR TAKES REFUGE Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b and d). Summary -------------- ¶1. (C) Police arrested Opposition leader Anwar Ibrahim just before 1300 on July 16, one hour before Anwar was due to appear at Kuala Lumpur police headquarters to provide his statement for the investigation into sodomy charges. As of 1600, police are holding Anwar at police headquarters, where his lawyers, senior opposition leaders and a group of supporters are gathered. Police arrested Anwar under the forced sodomy provision of the Penal Code. Police must produce Anwar before a judge within 24 hours in order to remand him in custody for a period of up to 14 days. The Ambassador called Foreign Ministry Secretary General Rastam and stated that Anwar's arrest would raise serious questions regarding the rule of law, and that the U.S. would be monitoring whether Anwar is questioned and released, or held for a longer period. End Summary. Arrest One Hour Before Police Appointment -------------- ¶2. (SBU) Police arrested Anwar Ibrahim, Malaysia's de facto Opposition leader, outside his Kuala Lumpur home just before 1300 local time on July 16. The police, dressed in commando gear, affected the arrest as Anwar was on his way to the city police headquarters to provide his statement for the investigation into sodomy claims by a former aide. Police had ordered Anwar to appear by 1400. The police took Anwar to the Kuala Lumpur police headquarters, where rooms reportedly had been prepared the night before for Anwar's examination. Anwar's lawyers arrived at the police station shortly after their client. ¶3. (SBU) Sources told us Anwar's supporters were gathering near the police station, with over 250 present as of 1430. Police have established roadblocks to prevent supporters from getting near the station. Police allowed People's Justice Party Vice President Sivarasa Rasiah to enter the station. Reports indicate Anwar was able to speak with his wife Wan Azizah. Opposition leaders expressed outrage at the commando-style arrest in the street given that Anwar had agreed to appear before the police at 1400. ¶4. (U) At 1530, Anwar Ibrahim's office released a statement describing the arrest. According to this press release, Anwar called on his supporters to "remain calm and to reject any attempts at provocation, which will give a pretext for an emergency situation to be declared." Earlier Activities -------------- ¶5. (SBU) The arrest followed Anwar's visit earlier in the day to the Anti-Corruption Agency in the administrative capital of Putrajaya, where he was questioned for two hours regarding evidence-tampering allegations he made against Attorney General Abdul Gani and Inspector General of Police Musa Hassan stemming from Anwar's 1998 politically motivated arrest on sodomy and corruption charges, and his physical abuse at the hands of police. The arrest also followed Anwar's almost unprecedented live televised debate the night of July 15 with Information Minister Shabery Cheek. Legal Provisions -------------- ¶6. (U) Anwar's lawyers confirmed with us that their client has been arrested under Section 377c of the Penal Code, which refers to "committing carnal intercourse against the order of nature without consent." Convictions under 377c carry a sentence of 5 to 20 years in jail, and possible caning. This offense is not subject to bail, but a judge can use discretion to release a suspect at the remand hearing. KUALA LUMP 00000626 002 OF 002 Police have the option of releasing a suspect under police bail or remanding the suspect for a total of 14 days. The police must bring a suspect before a judge within 24 hours to confirm the remand or have the judge release the suspect. Subject to court decisions, the remand is approved in increments of four, three, four and three days. At the end of 14 days, prosecutors must formally charge the suspect, or the suspect is released. Ambassador Calls Foreign Ministry -------------- ¶7. (C) The Ambassador called Foreign Ministry Secretary General Rastam Mohd Isa immediately following news of Anwar's arrest. The Ambassador indicated that Anwar's arrest would raise serious questions regarding the rule of law. The U.S. public response also would focus on the rule of law, and would not be intended to interfere in Malaysia's partisan politics. The Ambassador advised Rastam that we would be following events closely to learn whether Anwar was questioned and released or, alternatively, whether this was the beginning of a longer incarceration. Rastam acknowledged the Ambassador's points. He reiterated earlier Foreign Ministry remarks that the police actions were undertaken strictly in accordance with the rule of law, and he hoped that U.S. statements would reflect this context. Rastam stated that Anwar's arrest was undertaken in relation to a criminal complaint by a Malaysian citizen, not for any political reason. KEITH