Manila Times/Manila

Muslim lawyers belonging to the sultanate of Sulu are preparing charges against Malaysia for usurpation of authority and illegal development of natural wealth in Sabah.

The sultanate will be asking a $25bn “fine” from the Malaysian government before the International Court of Justice (ICJ).

Sultanate spokesman Abra­ham Idjirani on Thursday said that the filing of charges will be the sultanate’s answer to Malaysia’s “illegal” filing of terrorism charges against eight Filipinos in the strife-torn island.

The “fine” being demanded from Kuala Lumpur, he explained, represents payment for “exploiting the natural wealth of Sabah.”

He said that this would be the third time that the sultanate will file charges against the Malaysian government and its officials. The first was in 1992 before the UN and the second was in 2004 before ICJ.

 He said the two separate charges were still pending before the UN and ICJ because the ownership of Sabah has not yet been resolved. Idjirani maintained that the charges against the eight Filipinos were illegal because Malaysia has no right to prosecute them allegedly for committing terrorism pending the determination of the sovereignty of Sabah based on the 1963 Manila agreement signed by the heads of Malaysia, the Philippines and Indonesia. The accord states that “the inclusion of Sabah in the Federation of Malaysia will not prejudice the interest of parties concerned until the issue of the Sabah claim is finally resolved by the UN.”

“There is no basis for Malaysia to file charges against those eight Filipinos because it did not own Sabah,” Idjirani told reporters in a press conference in Taguig City.

He also condemned Malaysia for the move, which he described as an act of “terrorism.”

“We condemn the act of Malaysia because they don’t own Sabah. They are just occupants so they have no right to file charges against Filipinos,” he pointed out.

He likewise said that it is hard for the sultanate of Sulu to confirm whether the eight Filipinos were indeed members of the Sulu “royal army” that occupied Lahad Datu.

“We would like the Malaysian government to let the Filipino people and the world know where they apprehended the eight Pinoys because they might be civilians,” he added.

Sen Miriam Santiago, an expert in international law, maintained that there should be a third party to make an objective and impartial observation in the case of the Filipinos facing criminal charges in Malaysia.

Santiago said that since the Philippines is not bound by the findings of  the Malaysian authorities, the best way to resolve the issue is to allow someone whom both parties trust to conduct a fact-finding investigation.

“It’s very difficult to prove that they were intent on creating panic. Terrorists are armed with state of art technological firepower. That’s why I keep on harping that there should first be a fact-finding commission but apparently Malaysia doesn’t want to engage this so it wants a one-sided view of the matter,” she added.

Eight Filipinos were charged with terrorism and waging war. If found guilty, they could be sentenced to death.

President Benigno Aquino  has ordered Executive Secretary Paquito Ochoa Jr to lead a team that will extend legal assistance to the group.

But Santiago said that the Philippines must first show that Malaysia itself is unable or unwilling to protect the human rights of these Filipinos in order for the Philippine government to extend diplomatic protection without violating the laws of Malaysia.

“We are hoping that they will allow us to provide lawyers and give the lawyers time to study the Malaysian legal system but at this point we don’t know. So we now have to request Malaysia to confirm for us what is the legal status of Filipinos arrested for that misadventure,” she explained.

Meanwhile, Sultan Jamalul Kiram said he will blame President Benigno Aquino  if the reported assassination plot against him and his supporters was carried out.

“If something happens to any member of the Sultanate and its supporters in the Philippines due to assassination, liquidation and other terrorist acts, then there is no one to blame but you Mr President,” Kiram said in a statement.

He added that it was disgusting that instead of checking the alleged murder plot, Malacanang had outrightly dismissed it as “hearsay.” “We are helpless with regard to our safety because the Malaysian death squad can move freely in Manila,” he added.

Idjirani said President Aquino should have at least ordered an investigation into the reported arrival in the country of the supposed hit squad allegedly sent by the Malaysian military to liquidate the sultanate officials.

“They have not made any investigation yet and they already have a conclusion that this assassination plot is not true. We do not want such irresponsible statements from a supposedly respectable spokesman of Malacañang,” Idjirani said, referring to Palace spokesman Edwin Lacierda.

Also on Thursday, a top official of the US  Embassy in Manila said the US government will not get involved in the Sabah problem.

“This is a matter between the government of the Philippines and the government of Malaysia. We pray for peace and we hope that anyone who has been displaced can be taken care of but then again this is not a matter for the US,” US Ambassador to the Philippine Harry Thomas told reporters.