BRUNEI RELEASES ISD DETAINEE; CONDITIONS DETAILED

C O N F I D E N T I A L SECTION 01 OF 02 BANDAR SERI BEGAWAN 000293 SIPDIS SIPDIS DEPARTMENT FOR EAP/MTS AND DRL E.O. 12958: DECL: 10/03/2017 TAGS: PGOV PHUM BX SUBJECT: BRUNEI RELEASES ISD DETAINEE; CONDITIONS DETAILED Classified By: DCM Justin Friedman, reasons 1.4 (b) & (d) -------------- SUMMARY -------------- ¶1. (C) On September 28, the Internal Security Department (ISD) released the last of four persons detained for selling and leaking state secrets, bringing the total still held by the ISD under the Internal Security Act (ISA) down to five persons. A former detainee told us that conditions of detention were poor, but have improved. The ISD's direct response to our inquires for information to support drafting of the annual Human Rights Report are a surprising positive step toward increased transparency and rule of law in Brunei. END SUMMARY. -------------- ISA Detainee Released -------------- ¶2. (SBU) The press in Brunei reported that on September 28, the ISD released Noordin Hj Mohamad Noor from detention under the Internal Security Act. Noordin was one of four persons held since February 2004 for their involvement in selling and leaking government secrets. He was released after expressing remorse for his actions and swearing an oath of allegiance to Sultan Hassanal Bolkiah and his government. The other three persons held on these same charges were released in July 2006 under the same terms. Post reporting for the 2006 Human Rights Report (HRR) incorrectly listed Noordin as one of the three released that year. According to the ISD, the third person released at that time was Hj Alimen Hj Jaa'far. -------------- ISD Gives Fresh Detention Statistics -------------- ¶3. (SBU) For the first time in Post's collective memory, the ISD provided data and comments to our previous HRRs in response to post's inquiries in preparation for submission of the 2007 HRR. With the release of Noordin, there are currently five persons detained under the ISA: three are being held for "subversive activities" and two for their involvement in a currency counterfeit ring. The other five of the seven held for counterfeiting were released on July 12 of this year. The ISD also clarified that detainees have the right to be represented by a lawyer when their cases are reviewed by the ISA Advisory Board under 2005 amendments to the ISA. -------------- - Detainee Details Case, Conditions of Detention -------------- - ¶3. (C) DCM met with Hj Muslim Hj Tengah (strictly protect), one of the detainees held along with Noordin on charges of leaking classified information who was released in 2006. Muslim was once Director for Policy at the Ministry of Defense and had been awarded the title of Dato (equivalent of Knighthood) by the Sultan. Muslim told us that he was accused of providing information that appeared on the internet about the specifications of offshore patrol vessels (OPVs) Brunei was in the process of purchasing from a UK shipbuilder. As a result of his arrest, he was stripped of his titles and official pension. ¶4. (C) Muslim told us that he was appalled by the conditions of his detention. Prisoners were not allowed access to sunlight or exercise facilities and the food was of poor quality. He complained that as he was required to sleep, bathe, use the toilet, and pray in his cell, he had no place to properly fulfill his prayer obligations as an observant practitioner of Islam. He said that he complained about these conditions to prison officials, whom he described as untrained in international detention best practices, to the Advisory Board that reviewed his detention, and ultimately to the Sultan on his formal request for release. He said that he was continuing to monitor detention conditions had observed that they had improved both prior to and following his release. ¶5. (C) Muslim detailed how his case had been brought up for review by the Advisory Board as required by the ISA. He said his review panel consisted of the former Commander of the Royal Brunei Armed Forces and his former boss Pehin Jaafar, the former Commissioner of Police Dato Rahman, and a former BANDAR SER 00000293 002 OF 002 Deputy Minister of Foreign Affairs Pehin Ali. Muslim argued his own case (without counsel) that the information posted on the internet, which he denied releasing, should not have been classified as it was in all the tender documents for the OPVs and was publicly available from the respected Janes Review. He said that when he appeared before the Sultan to seek formal release and to swear allegiance, he asked only that he be allowed to return to his business activities. Today, Muslim runs an oil field services company with a majority of its operations in Malaysia. Muslim told us that he had no/no difficulties traveling regularly out of Brunei on business. -------------- COMMENT: Small Step towards Rule of Law -------------- ¶6. (C) The surprisingly candid replies of the ISD to our queries for the HRR, coupled with the 2005 ISA amendments allowing detainees limited access to counsel, mark small, but important steps on Brunei's slow path towards rule of law and greater transparency of government. The written replies to our questions were signed by Deputy Minister in the Prime Minister's Office and Director of the ISD, Dato Eussoff Agaki Hj Ismail. Eussoff Agaki's signature indicates that either the Sultan directly approved of the release of this information to us, or that Eussoff Agaki is comfortable enough in his own position and relationship to His Majesty to release this on his own authority. FRIEDMAN