CANING PUNISHMENT POSTPONED UNTIL AFTER RAMADAN,

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000716

SIPDIS

E.O. 12958: DECL: 08/25/2019
TAGS: PHUM MY
SUBJECT: CANING PUNISHMENT POSTPONED UNTIL AFTER RAMADAN,
BUT DEBATE CONTINUES

Classified By: Political Counselor Brian D. McFeeters for reasons 1.4 b
and d.


1. (SBU) SUMMARY: Malaysian Kartika Sari Dewi Shukarno, a
Muslim woman recently sentenced by a state-level Syariah
court to six lashes with a cane for consuming alcohol in
public, has been granted a temporary reprieve until after
Ramadan ends in late September. The GOM appears to see the
case as an embarrassment it would like to be rid of, while at
the same time treading carefully to avoid upsetting
conservative Muslims. END SUMMARY.


2. (SBU) Kartika's sentence garnered international attention
after she became the first Muslim woman in Malaysia to
receive this punishment under Syariah law; she was also fined
5000 Malaysian Ringgit ($1400 USD). A hospital nurse who
normally resides in Singapore with her husband and two
children, she requested the punishment be carried out in
public and to be done as quickly as possible, so she could
return to her family and job in Singapore. (Note: Although
this is the first time a Muslim woman has been subject to
caning in Malaysia, it is common practice by immigration
officials. According to Prison Department records, nearly
35,000 prisoners, mostly migrants held under illegal
immigration charges, have been whipped since 2002. End
Note.)

Caning Suspended...for Now
--------------


3. (SBU) The announcement to suspend Kartika's caning came
from Pahang's Religious Affairs Department on August 24, who
claimed that it would be against the principles of Islam to
cane Kartika during the holy month of Ramadan (August 23 -
September 19). The decision was influenced by a letter sent
to Pahang Syariah Chief Judge from the Attorney General's
chambers. Press reports indicate that the Attorney General
suggested it was "not advisable" for the punishment to occur
during Ramadan. (Note: The Attorney General's office is
responsible for the enforcement of civil and criminal -- but
not Syariah -- laws in Malaysia. Only Muslims are subject to
Syariah law, and by legal definition all ethnic Malays are
considered Muslim from birth. Under Malaysian civil law, the
whipping of women is also prohibited. End Note.)

Next Steps
--------------


4. (SBU) This latest decision by the judge gives Kartika a
reprieve until September 20. Since the delay was announced,
key government officials have weighed in. Prime Minister
Najib Tun Razak urged Kartika to appeal, while indirectly
criticizing the punishment. PM Najib said on August 24: "we
must not go overboard...we must look at Islam as a religion
that is fair, just, merciful, and compassionate." He added
"I hope the right people would hear what I have just said."
Home Minister Hishammuddin Tun Hussein ordered a separate
suspension of the caning on August 25, saying that Malaysia's
Prisons Department did not have staff with the requisite
training to mete out the punishment according to Syariah law.
Without stating how long it would take for someone be
trained, Hishammudddin noted "as long as the Home Ministry is
not ready, the sentence will not be carried out."


5. (SBU) It is also possible that Kartika may escape the
caning due to a legal technicality. According to the Home
Ministry, only a prisoner can be caned; however, Kartika was
not sentenced to any time in prison. According to Chief
Syariah Judge Ismail Yahya of the neighboring state of
Terengganu, detaining Kartika for the sole purpose of caning
would be illegal. Law lecturer Professor Shad Saleem Faruqi
noted that any detention of Kartika would be tantamount to
sentencing her a second time, which is inconsistent with
Malaysian criminal, civil, and Syariah law.


6. (C) Comment: We believe that the Najib administration
seeks to avoid additional international exposure and
potential embarrassment from the caning, and will quietly
press for the punishment to be dropped. Externally Najib is
concerned about any action that would detract from Malaysia's
image as a moderate Muslim nation, while internally he seeks
to placate moderate and non-Malays. However, Najib is
hesitant to criticize Syariah law or otherwise downplay the
seriousness of the offense, as it could potentially alienate
some moderate and more conservative Malays. Ethnic Malays

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are the key to Najib's power base, and even a slight shift in
Malay support could have a significant impact on Najib's
popularity ratings. End Comment.
RAPSON