HINDRAF LEADERS DETAINED UNDER INTERNAL SECURITY

C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 001710

SIPDIS

SIPDIS

STATE FOR EAP/MTS AND DRL -- JANE KIM

E.O. 12958: DECL: 12/13/2027
TAGS: PGOV PINS PHUM KDEM ASEC MY
SUBJECT: HINDRAF LEADERS DETAINED UNDER INTERNAL SECURITY
ACT

REF: A. KUALA LUMPUR 1663 - LEGAL ACTION AGAINST

PROTESTERS

B. KUALA LUMPUR 1647 - POLICE BREAK UP PROTEST

C. KUALA LUMPUR 1646 - ARRESTS AHEAD OF RALLY

Classified By: Classified By: Political Section Chief Mark D. Clark for
reasons 1.4 (b and d).

Summary
--------------


1. (C) The Malaysian government on December 13 arrested five
ethnic Indian leaders of the small NGO HINDRAF using the
Internal Security Act (ISA),which provides for detention
without trial, and indicated they would be help for two
years. Senior Malaysian officials, including Prime Minister
Abdullah, accused HINDRAF activists of "carrying out
activities that threaten national security." The arrests
follow a large November 25 ethnic Indian demonstration in
Kuala Lumpur, one in a series of rallies critical of the
government over the past several months. A campaign to
vilify HINDRAF in the government-dominated mainstream press
preceded the arrests. The arrest of HINDRAF leaders
represents the first time in Abdullah's four years in power
that he has sanctioned use of the ISA in cases that are
seemingly political in nature, and appears intended to appeal
to Malay voters before the impending national elections. Use
of ISA against HINDRAF, however, will provoke a strong
reaction among ethnic Indians and other elements of civil
society. Post submits suggested press guidance. End
Summary.

HINDRAF Leadership arrested under ISA
--------------


2. (U) Malaysian police detained five key leaders of the
Hindu Rights Action Force (HINDRAF),a small activist NGO
that promotes the rights of ethnic Indians, under the
Internal Security Act (ISA) in a series of quick arrests on
December 13. The ISA allows for detention without trial for
renewable periods of two years. The five are P. Uthayakumar,

M. Manoharan, R. Kenghadharan, V. Ganabatirau and T.
Vasanthakumar. HINDRAF organized a street demonstration in
Kuala Lumpur on November 25 that involved some 15,000 -
20,000 ethnic Indians and intended to highlight the perceived
marginalization of Indians in Malaysia (reftels).
Subsequently, the government and government dominated
mainstream media repeatedly condemned HINDRAF for inciting
racial tension.


3. (C) Deputy Internal Security Minister Mohd. Johari
Baharom confirmed the GOM had detained the five HINDRAF
leaders under the ISA, according to the official news agency
Bernama. Johari noted that those detained "can be held for
two years for sedition and also for carrying out activities
that threaten national security." Speaking to reporters,
Inspector-General of Police (IGP) Musa Hassan also confirmed
the arrests said the five men will be detained for two years.
(Comment: The law stipulates that the initial detention
period is 60 days, at which time the case is reviewed by the
Minister of Internal Security. That Musa Hassan immediately
stated the detention would be for two years indicates the
government's seriousness in dealing with HINDRAF.) The
police did not provide more details on the basis for the
December 13 arrests. Law enforcement actions against HINDRAF
began on November 23 with the arrest of HINDRAF Chairperson

P. Waythamoorthy, legal adviser P. Uthayakumar and V.
Ganabatirau on charges of sedition. A judge initially
dismissed the charges without prejudice on a technicality and
released the men (ref C). Subsequently, senior Malaysian
officials have made statements alleging HINDRAF has links to
the Tamil Tigers and the militant India-based group RSS, but
offered no evidence to substantiate such claims.


4. (C) Prime Minister Abdullah Badawi previously had warned
that he would approve use of the ISA if police advised him
that it was necessary to do so to protect national security.
Authority to detain individuals under the ISA rests solely in
the Minister of Internal Security, a position currently held
by Prime Minister Abdullah Badawi, and Abdullah has been
under pressure from within the ruling United Malays National
Organization (UMNO) party to take a tough stand against

KUALA LUMP 00001710 002 OF 003


recent protests and invoke the ISA against HINDRAF's leaders
(ref A). Several UMNO party officials have told us in recent
days that UMNO is capitalizing on the HINDRAF demonstration,
HINDRAF challenges to Malay special privileges, and HINDRAF's
exaggerated claims, such as "ethnic cleansing," to solidify
UMNO's support among ethnic Malays.


5. (U) HINDRAF chairman Waythamoorthy is currently out of
the country on an international tour to attract overseas
support for HINDRAF's cause. After a stop in India, he
reportedly has traveled on to the UK. According to his
originally announced itinerary, Waythamoorthy next will visit
New York and Washington to meet with UN representatives, U.S.
officials, lawmakers, and activists.

Section 8 (1) of the ISA
--------------


6. (U) The ISA, a legacy of colonial era emergency laws,
provides the government with expansion powers of detention.
Police announced they detained the HINDRAF leaders under ISA
Section 8 (1),which states: " If the Minister (of Internal
Security) is satisfied that the detention of any person is
necessary with a view to preventing him from acting in any
manner prejudicial to the security of Malaysia or any part
thereof or to the maintenance of essential services therein
or to economic life thereof, he may make an order directing
that the person be detained for any period not exceeding two
years."

Initial Reactions
--------------


7. (U) Prime Minister Abdullah Badawi told the press on
December 13 that HINDRAF was trying to destroy the country.
Alluding to Waythamoorthy's efforts to solicit overseas
support for HINDRAF, PM Abdullah stated, "This is a betrayal
of our country." He noted that Malaysia gave the people the
freedom to voice their opinions, adding however, "If this
freedom issued in an irresponsible manner, the people will
suffer." Abdullah also asserted that the recent street
demonstrations adversely affected various economic sectors,
especially the tourism and business sectors. (Note: ISA
Section 8 (1) includes protecting essential services and
Malaysia economic life (ref para 6). End note).


8. (SBU) Several of the arrested HINDRAF leaders are members
of the opposition Democratic Action Party (DAP). DAP
Secretary-General Lim Guan Eng said his party "unreservedly

SIPDIS
condemns" the detention of the HINDRAF leaders under the ISA.
He urged the government to bring charges against the five
individuals in open court and produce evidence before a
judge. He declared, "By using the ISA, the government has
shown this is a desperate measure to silence dissenting
voices. Not by proving allegations made against HINDRAF
leaders, but using a draconian law to achieve their political
ends against HINDRAF." DAP announced it would file a writ of
habeas corpus as early as December 14. HINDRAF has asked its
supporters to remain calm and organize nationwide prayers.

Comment
--------------


9. (C) PM Abdullah has made good on repeated threats to
invoke the ISA against those behind recent demonstrations
critical of his government. This follows a public campaign
to vilify the HINDRAF in the press, made easier by
inflammatory statements from HINDRAF leaders. While former
Prime Minister Mahathir used the ISA against a number of
opponents and critics, the arrests of HINDRAF leaders
represents the first time in Abdullah's four years in power
that he has sanctioned use of the ISA in cases that are
primarily political in nature. PM Abdullah appears to be

acting under a political imperative to demonstrate his
toughness following a series of public protests that made
Abdullah seem weak and unable to back up his personal
admonishments for people not to take to the streets. We hear
that UMNO politicians are banking on a calculation that tough
action against HINDRAF will play well with its Malay
constituents before the impending national elections. Use of
ISA against HINDRAF, however, will provoke a strong reaction

KUALA LUMP 00001710 003 OF 003


among ethnic Indians and other elements of civil society,
such as the outspoken Bar Council, particularly in educated
urban areas. Today's use of the ISA has dealt a blow to
hopes in some quarters that, following the heavy-handed
Mahathir era, PM Abdullah would oversee a period of
significant political liberalization.

Proposed Press Guidance
--------------


10. (U) Post submits the following suggested press guidance:

Q: What's the U.S. reaction to the arrest of five ethnic
Indian activists in Malaysia using the Internal Security Act?

A: We have seen press reports to this effect.

We have stressed our view that peaceful expression of
political opinions is a fundamental part of a healthy civil
society, which in turn is essential to political stability.

The Malaysian authorities are obligated, like any sovereign
country's government, to balance the need for public order
with the equally important need for robust and free debate of
issues important to Malaysian citizens.

It is our hope that the Malaysian government will allow the
freest possible debate.

(If asked specifically about ISA)

We hope that the Malaysian government would provide due
process and treatment consistent with Malaysian law and
international standards.
KEITH