GOM PROSECUTES VETERAN OPPOSITION LEADER AND OTHER

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000199 SIPDIS FOR EAP/MTS, INR AND DRL E.O. 12958: DECL: 03/18/2019 TAGS: PGOV PREL PHUM PINR PINS KDEM MY SUBJECT: GOM PROSECUTES VETERAN OPPOSITION LEADER AND OTHER CRITICS OF SULTAN REF: A. KL 194 - ANWAR IN DOLDRUMS ¶B. KL 78 - NAJIB LEADS TAKEOVER OF PERAK Classified By: Political Counselor Mark D. Clark for reasons 1.4 (b and d). Summary and Comment -------------- ¶1. (SBU) A Sessions Court judge charged Karpal Singh, a veteran opposition leader in Parliament, with sedition on March 17 for comments he made critical of the Sultan of Perak's decision to support the ruling National Front coalition (BN) during its takeover of the Perak State Government last month. Eight bloggers also face charges for comments they made on the Sultan's official website, which the government described as insulting. The day prior to Karpal's sedition charge, his son and fellow Member of Parliament (MP),was suspended from Parliament for one year after calling Deputy Prime Minister Najib "a murderer," a reference to Najib's alleged connections with a murdered Mongolian woman. ¶2. (C) Comment: The outspoken Karpal Singh left himself and his party vulnerable to attack by the ruling United National Malay Organization (UMNO) party, which in the wake of the Perak takeover is pursuing a campaign to paint the opposition as anti-royalty and against ethnic Malay interests. The political opposition and some civil society groups, like the Bar Council, will view Karpal Singh's prosecution as a further indication of an UMNO strategy to "rule by law," using dominance of the justice system to rein in the opposition. Use of criminal, security and sedition laws against the opposition is a politically less costly alternative to invoking emergency laws like the Internal Security Act (ISA). The pending sodomy case against Anwar Ibrahim stands out as the most prominent example. These latest prosecutions come just a few weeks before UMNO party elections and three by-elections perceived as potential referendums for Najib, Malaysia's incoming Prime Minister. End Summary and Comment. Karpal Singh Charged for Sedition -------------- ¶3. (SBU) Malaysia's Sessions Court, equivalent to the U.S. District Court, charged Karpal Singh, an outspoken Member of Parliament (MP) and Chairman of the opposition Democratic Action Party (DAP),with sedition on March 17 and ordered the case transferred to the High Court. Karpal remains free 
after posting a 2,000 ringgit (about $556) bail while the next court date remains pending. If convicted, Karpal faces a maximum three-year sentence. The sedition charge stems from critical comments he made regarding the Sultan of Perak's decision to affirm the National Front (BN) take-over of the state government (ref B). During a February 6 press conference, Karpal stated the removal of the Perak's Chief Minister by the Sultan was "clearly an act against the provisions of the article (Article 16 within the state's constitution)." Karpal noted Article 16 states if the Chief Minister loses the confidence of the majority of the state assembly, he shall render his resignation, unless the Sultan dissolves the legislative assembly. He said he would sue the Sultan if he "acted beyond the state constitution" by swearing-in a new state government under BN. He emphasized the sultan "has no right to dismiss the Pakatan government which is lawfully elected by the people." Poloff and FSN political assistant observed the hearing. Opposition leader Anwar Ibrahim briefly appeared to show his support while DAP President Lim Kit Siang and other senior DAP leaders remained for the entire hearing. Some international journalists were part of the press pool covering the case. ¶4. (U) Newly elected Bar Council President Ragunath Kesavan, in a March 17 press statement, called the Sedition Act an affront to democracy and said the Bar Council was "shocked and troubled" by Karpal's sedition charge. Other civil society voices added their criticism to the government's prosecution of Karpal. ¶5. (C) On March 18, DAP members close to Karpal told us the defense team intended to present statements from years past by UMNO officials, including former Prime Minister Mahathir, that criticized and insulted the royalty. (Note: Mahathir led a campaign to vilify the Royals as he successfully removed much of their political power. UMNO officials criticized the King during the March 2008 tussle over choice KUALA LUMP 00000199 002 OF 002 of chief minister in Terengganu. End Note.) Because of UMNO's vulnerability on the issue, these Karpal associates claimed the case eventually would be dropped or thrown out. GOM Charge Eight for Insulting Sultan -------------- ¶6. (SBU) The Malaysian Multimedia Commission (MCC) on March 13 charged eight individuals under the Multimedia and Communications Act for comments they posted on the Sultan of Perak's public website that were critical of the Sultan's decision not to call for state elections, and instead affirm a BN government. The MCC claims their remarks insulted the Sultan. Poloffs reviewed various comments, which were overwhelmingly critical of his decision, on the Sultan's website immediately after he confirmed BN's takeover. Many of the comments posted on the website pointed out the Sultan, was "widely respected and admired," but urged him to practice what he had advocated publicly -- as a former Chief Justice -- regarding the rule of law and the democratic process. The majority of comments also asked the Sultan to allow new state elections and let the people decide. This is the first instance in which the MCC has initiated prosecution over bloggers' comments. Amnesty International condemned the prosecution of the bloggers as a "political blow to the freedom of expression in Malaysia" and called for the GOM to dismiss the charges. The trials will begin in April. Karpal's Son Suspended From Parliament -------------- ¶7. (SBU) On March 16, the Malaysian Parliament suspended DAP MP Gobind Singh, Karpal Singh's son, for one year for insulting DPM Najib Razak, who is scheduled to take over as Prime Minister in a few weeks. During a March 12 parliamentary session, Gobind demanded Najib answer a question by shouting "answer me you murderer," a clear reference to allegations Najib was involved the murder of Mongolian woman Altantuya Sharibu. Minister in Prime Minister's Department (in charge of Parliament) Nazri Abdul Aziz, a close Najib's ally, immediately tabled a motion to suspend Gobind for one year. Poloff attended the March 16 parliament session as opposition MPs urged the Speaker to refer Gobind to Parliament's Privilege Committee rather than suspend him. However, BN MPs continued to press for his suspension claiming the accusation against the DPM "too severe and serious." Opposition MPs staged a walk out, when the Speaker refused to allow Gobind to defend himself. The BN MPs present then passed the motion to suspend Gobind. KEITH