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)

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SUMMARY
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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.

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ISA Detainee Released
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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.

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ISD Gives Fresh Detention Statistics
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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.

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Detainee Details Case, Conditions of Detention
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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

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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.

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COMMENT: Small Step towards Rule of Law
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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