HINDRAF LEADERS REMAIN UNDER ISA DETENTION

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000187 SIPDIS FOR EAP/MTS AND DRL - JANE KIM E.O. 12958: DECL: 03/11/2014 TAGS: PHUM PGOV PINR KJUS MY SUBJECT: HINDRAF LEADERS REMAIN UNDER ISA DETENTION REF: A. 08 KUALA LUMPUR 1119 -- SUMMARY OF DETENTIONS UNDER ISA ¶B. 07 KUALA LUMPUR 1710 - HINDRAF LEADERS DETAINED UNDER ISA Classified By: Political Counselor Mark D. Clark, reason 1.4 (b and d). Summary and Comment -------------- ¶1. (SBU) Malaysian courts denied a series of appeals by the five leaders of the government-banned Hindu Rights Action Force (HINDRAF),held without trial under the Internal Security Act (ISA) since December 2007. Some reports, still unconfirmed, allege that Uthayakumar is at risk of losing a foot due to complications from acute diabetes and lack of adequate medical treatment. The Prisons Department stated that Uthayakumar received medical treatment more than 40 times and regularly received needed medication since his detention. Police used chemically-laced water and tear gas to disperse up to 300 HINDRAF supporters attempting to file police reports regarding his alleged inadequate medical treatment. Uthayakumar's next court appearance is March 20. ¶2. (C) Comment: The government continues to take a hard stance against HINDRAF and its five leaders detained under the ISA, suggesting their release prior to the December 2009 expiration of their current detention period remains unlikely. HINDRAF supporters' efforts to gain the men's release to date have been ineffective and in some cases have aggravated the situation by utilizing inflammatory rhetoric and tactics. Although public support for HINDRAF itself is very limited, the continued incarceration of the ethnic Indian leaders provides a focal point for anti-ISA campaigners and for opposition criticism of the government's limited tolerance of ethnic minority dissent. End Summary and Comment. Court Denies HINDRAF 5 Appeal -------------- ¶3. (U) The Federal Court, Malaysia's highest court, denied on February 11 the resubmitted appeal for five leaders of the banned HINDRAF to be released from detention under ISA. The five HINDRAF leaders, M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kenghadharan, and K. Vasantha Kumar, detained since December 13, 2007, asked the Federal Court to review its own decision of May 2008 in their earlier appeal (ref A). The court's unanimous May decision ruled that Prime Minister Abdullah, who also held the Home Minister portfolio at the time, "lawfully executed" the detention order. In dismissing the motion on February 11, the three-member bench ruled that the case was "not fit for review" and any decision would probably "lead to another appeal." With this decision, the five HINDRAF leaders have exhausted all legal avenues for seeking release from their ISA detention. Their two-year detention order expires December 13, 2009; however, the Home Minister can extend the detention for another two years without trial or judicial review. ¶4. (U) The Federal Court also dismissed a separate appeal filed by HINDRAF's legal advisor M. Manoharan on February 17. His appeal questioned the validity of his detention based on his elected status. Manoharan, who won a Selangor state assembly seat in the March 2008 general election, contended that he could not be a threat to national security as defined under the ISA as he was elected to the Selangor state legislative assembly. The Government prosecutor argued Manoharan's election as an assemblyman was irrelevant to his detention. The Federal Court concurred and unanimously dismissed Manoharan's application ruling because he "failed to convince the court that his detention was illegal." Uthayakumar's Medical Treatment Questioned -------------- ¶5. (SBU) In a related development, HINDRAF leader Uthayakumar's fianc Indradevi filed a police report on February 15 alleging that prison authorities are providing inadequate medical treatment to Uthayakumar, who suffers from acute diabetes and a heart condition. Some unconfirmed reports suggested that Uthayakumar's previously injured left leg may require amputation because of his acute diabetes and a lack of proper medical treatment during his incarceration. Manickavasagam, People Justice Party Member of Parliament (MP) and former HINDRAF coordinator, told us during a parliamentary session that six MPs officially petitioned the KUALA LUMP 00000187 002 OF 002 Home Ministry for permission to visit Uthayakumar at the Kamunting Detention Center, where he is held. Usually only family members are allowed visitations. (Note: Uthayakumar succeeded in obtaining a High Court order for him to be present for his appeal on separately filed sedition charges, which stem from publishing an allegedly seditious letter on his website. His court appearance is set for March 20. Poloff will observe the proceedings. End Note.) ¶6. (SBU) About 200 to 300 HINDRAF supporters gathered at the Brickfields police station to submit police reports alleging Uthayakumar's medical mistreatment on February 28. Riot control police using chemically laced water and tear gas to disperse the crowd. The crowd included Uthayakumar's family and at least one MP. Police arrested Manickavasagam and 17 other participants for illegal assembly. Police released the group later that day on police bail, which provides the police with the options of pursuing or dropping charges. Inspector General of Police Musa Hassan stated the police were "forced to act" after the crowd failed to heed police orders to disperse. He also said the intent to lodge mass police reports demonstrated the crowd "wanted to mock the police and create unnecessary problems for others." ¶7. (SBU) Government-influenced media reported on March 2 that Uthayakumar was receiving medical treatment in a public hospital. Also on March 2, the Prisons Department released a statement countering Uthayakumar's family's accusations of inadequate medical treatment. The Prisons Department's statement claimed the family was making baseless accusations and that the department filed a police report against the family. The statement noted Uthayakumar received medical treatment from the department's panel doctors over 40 times and regularly received medication to treat his diabetes and other health issues since his detention in December 2007. The department alleges Uthayakumar refused medical treatment and/or medication on 18 occasions. (Note: Poloff discussed Uthayakumar's health with Malaysian Human Rights Commissioner Siva Subramaniam late last year. Siva noted that Kamunting Detention Center officials told him during a visit to the detained HINDRAF leaders that Uthayakumar was refusing medications from the prison and demanded his private doctor supply his prescriptions. End note.) On March 3, Poloffs discussed the case with several opposition MPs, but they could not confirm details of medical treatment. RAPSON