ANWAR RELEASED ON POLICE BAIL

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000630 SIPDIS FOR EAP AND INR E.O. 12958: DECL: 07/17/2018 TAGS: PGOV PREL PINR KDEM ASEC MY SUBJECT: ANWAR RELEASED ON POLICE BAIL REF: A. KUALA LUMPUR 626 - ANWAR ARRESTED ¶B. KUALA LUMPUR 619 - LAWYER PREDICTS ARREST ¶C. KUALA LUMPUR 614 - ANWAR DUCKS POLICE ¶D. KUALA LUMPUR 575 - NAJIB FIGHTS BACK ¶E. KUALA LUMPUR 572 - NAJIB IMPLICATED IN MURDER ¶F. KUALA LUMPUR 570 - GOM DELIVERS PROTEST TO USG ¶G. KUALA LUMPUR 563 - ANWAR ON OFFENSIVE ¶H. 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 released Opposition leader Anwar Ibrahim on police bail the morning of July 17, some 20 hours after his arrest. Prosecutors have not yet charged Anwar, but he remains a formal suspect in connection with the forced sodomy allegation. Under conditions of police bail, police can require Anwar to return at anytime, but they have initially set a date of August 18. Anwar used his July 17 press conference to criticize abuse of police power and explain that he refused to provide police with a DNA sample out of concern that police would fabricate evidence. Government officials argued that the police were doing their job and pursuing the Anwar investigation according to the law. DPM Najib called for Anwar to be treated with dignity so as to reassure the public. Prime Minister Abdullah has remained publicly mum, and privately appeared to be in "limbo" in a meeting with key Anwar lieutenants. PM Abdullah reportedly promised Anwar would not be mistreated by police, while Anwar's side pledged not to stage protests. UMNO Youth leaders recognized public skepticism over the case. Except for a solidarity gathering outside police headquarters during Anwar's detention, there have been no public protests and Opposition leaders continue to urge calm. End Summary. Released After 20 Hours -------------- ¶2. (U) Police released Anwar Ibrahim, de facto Opposition leader, on police bail the morning of July 17, after arresting him on July 16 and holding him for roughly 20 hours. Anwar left Kuala Lumpur police headquarters at 0945 with his wife Wan Azizah, president of the People's Justice Party (PKR),and proceeded to his home. While in custody, Anwar was questioned by police for five hours on July 16 regarding allegations he forcibly sodomized a staff aide, Saiful Bukhari Azlan. During the evening, police transported Anwar to the Kuala Lumpur General Hospital, where on the advice of his lawyers he declined to provide a DNA sample. Prosecutors have not yet charged Anwar, but he remains a formal suspect in connection with the forced sodomy allegation. Police Bail Explained -------------- ¶3. (SBU) Under Malaysia's criminal procedure code, individuals released on police bail have a specific date on which they must report to the police station (for Anwar it is currently set for August 18). However, police can require a person to report to the police anytime prior to the specified date. Police bail expires on the specified reporting date, but is renewable until police complete their investigation. A person has the right to ask a court to remove police bail, claiming it is police harassment, but such challenges are rarely filed. Anwar's Press Conference -------------- ¶4. (U) Anwar held a press conference at his house the afternoon of his release. There he described being stripped searched and examined at the hospital after a five-hours of police questioning. He reiterated the sodomy allegation was fabricated and politically motivated. Anwar later released a statement with his account of his arrest, and said the manner in which he was "ambushed by masked men" represented an "abuse of police power." The Opposition leader explained that he had refused to give a DNA sample because he had "reasonable grounds for having no confidence in the system." He questioned the integrity of DNA testing in this case, referring to Attorney General Gani Patail and Inspector KUALA LUMP 00000630 002 OF 002 General of Police Musa Hassan, whom he claimed fabricated evidence in the 1998 sodomy case. "Let Police Carry Out Probe" -------------- ¶5. (U) Home Minister Syed Hamid, who has acted as the government's lead speaker on the issue thus far, told reporters on July 17 that as long as police did their job to uphold justice, people should not meddle in police affairs. He denied the government is using the sodomy allegation for political purposes, saying that the case was a criminal investigation and treated as such. He emphasized that Anwar was not above the law. ¶6. (SBU) Deputy Prime Minister Najib Tun Razak on July 17, in his first explicit public statement since Anwar's arrest, called on the public to let the police conduct their investigation, and defended the police actions, including the manner in which Anwar was arrested (ref A). In a later press encounter, Najib said police must treat Anwar with respect and decorum so that people would be assured the authorities were acting appropriately, noting also that missteps would reflect badly on Malaysia in the eyes of the world. Proper Treatment Traded for No Protests; PM in "Limbo" -------------- -------------- ¶7. (C) As of the afternoon of July 17, Prime Minister Abdullah Badawi has remained publicly silent on Anwar's arrest and release. PKR vice president and key Anwar lieutenant Azmin Ali and several others met with the Prime Minister the evening of July 16. Azmin later told the press that Abdullah had given assurances that Anwar would be treated properly while detained and that due process would be followed. In return, Azmin said he would try to make sure Opposition supporters did not take to the streets. Another PKR participant in the meeting with Abdullah informed us that the Prime Minister "seemed to be in limbo" during the discussion. UMNO Youth Leaders: Build Public Credibility -------------- ¶8. (C) Polchief met with Rahman Dahlan and Razali Ismail, UMNO Youth leaders and members of parliament, the morning of July 17 as Anwar was being released. They recognized the government's case against Anwar lacked credibility in the public arena and the GOM needed "to double its efforts" to ensure the people there was no conspiracy. Public focus should be on finding the truth, not on police tactics. Rahman, who is well connected in UMNO as Youth wing secretary general, argued that Anwar should have focused on consolidating the Opposition and creating a two-party system; instead, he over-reached himself by pursuing his "obsession" to wrestle power away from the ruling coalition. Streets Quiet -------------- ¶9. (SBU) Thus far, the only large public gathering of Anwar supporters took place outside the Kuala Lumpur police headquarters while Anwar was held inside. At 2330 on July 16, police ordered the crowd, estimated at 700 by one source, to disperse. Supporters departed after police fired several warning shots from water cannons. On July 17, Wan Azizah and other opposition leaders continued to ask supporters to remain calm and not take actions that would give the government a reason to impose "emergency measures." We are not aware of any Opposition plans to stage demonstrations Kuala Lumpur. KEITH