VZCZCXRO3487
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHKL #0049/01 0231110
ZNR UUUUU ZZH
P 231110Z JAN 09
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 2265
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 000049 
 
SENSITIVE 
SIPDIS 
 
FOR EAP/MTS AND DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV SOCI MY
SUBJECT: MALAYSIA: ETHNIC INDIANS FORCE PROBE OF LATEST 
DEATH IN POLICE CUSTODY 
 
Summary and Comment 
------------------- 
 
¶1.  (SBU) An ethnic Indian's January 20 death in police 
custody sparked outrage in Malaysia's Indian community after 
photos of the body circulated showing severe injuries 
allegedly resulting from abuse by the police.  Indian 
politicians from across the political spectrum became 
involved and called for an official probe.  After three days 
of mounting criticism, on January 23 the Attorney General 
classified the case as a possible murder and the national 
police chief announced a full investigation. 
 
¶2.  (SBU) Comment:  The latest death in police custody of a 
suspect from the Indian community comes one week after seven 
police officers were charged with causing grievous hurt by 
pouring boiling water on a suspect, also an Indian.  The 
Indian community's reaction to the allegations and police 
statements is indicative of the deep credibility gap between 
police (whose ranks are overwhelmingly ethnic Malay) and the 
Indian community.  Indian politicians, even from the ruling 
coalition, felt compelled to engage on this lightening rod 
case or risk their political base.  End Summary and Comment. 
 
Police Abuse Suspected 
---------------------- 
 
¶3.  (SBU) Local press on January 20 reported the death of 
Kugan Ananthan, a Malaysian ethnic Indian, while in Royal 
Malaysian Police (RMP) custody at the Subang Jaya police 
station.  Police had held Kugan, arrested on January 15, on 
suspicion of car theft.  Police officials claimed Kugan died 
on January 20 from an asthma attack during interrogation. 
The Hindu Rights Action Front (HINDRAF), a banned Indian 
rights organization, posted graphic photos of Kugan's body on 
their website, www.makkal.org, to document injuries to his 
head, neck, back, wrists, and elsewhere on his body allegedly 
sustained during police interrogations.  Member of Parliament 
Manikvasagam and Deputy Ministers in the Prime Minister's 
Department T. Murugiah and S.K. Devamany (all ethnic Indians) 
were present with Kugan's family when the photos and video of 
the injuries were taken.  The police stated that the family 
and others who entered the mortuary without authorization 
could face charges of tampering with evidence. 
 
Protest at Police Station 
------------------------- 
 
¶4.  (SBU) On January 21, members from HINDRAF, the opposition 
People's Justice Party (PKR) and Democratic Action Party 
(DAP), and from the Malaysian Indian Congress (MIC), the 
ethnic Indian component party in the ruling National Front 
coalition, demonstrated at the Subang Jaya police station 
with estimates ranging from 200 to 600 participants.  Party 
representatives told us they assisted Kugan's family to file 
a police report claiming Kugan suffered severe physical abuse 
while in police custody.  Representatives from PKR, DAP, MIC, 
and Makkal Sakthi (People Power, HINDRAF's alternate name as 
it is a banned organization) also filed separate police 
reports over the alleged abuse. 
 
Family/Politicians Allege Police Cover-up 
----------------------------------------- 
 
¶5.  (SBU) Selangor Police Chief Khalid Abu Bakar initially 
claimed Kugan collapsed shortly after drinking water due to 
an asthmatic attack.  As photos emerged of Kugan's injuries, 
he urged the public not to speculate on the cause of death, 
as death under police custody was a "sensitive issue."  He 
promised a thorough investigation following the post-mortem 
report.  On January 22, Khalid announced that the post-mortem 
report determined the cause of death as due to "liquid in his 
lungs;" he made no mention of the injuries to Kugan's body. 
Kugan's family learned of the report's findings during the 
funeral.  They accused Khalid of trying to cover up the abuse 
and halted the funeral in order to have an independent second 
post-mortem.  An MIC Youth leader also called for a review of 
the findings and said the youth wing would establish a 
committee to monitor the welfare of Indians in police 
custody.  Representatives from Malaysia's Human Rights 
Commission (SUHAKAM) told us they planned to begin a probe of 
Kugan's death.  Opposition MP Manikvasagam called for the 
Selangor police chief's resignation.  Opposition MP Charles 
Santiago voiced his criticism of Khalid and stated, "The job 
of the police is clearly to find enough evidence to charge 
him (Kugan) in court.  It was not to beat him to death."  On 
January 23, Amnesty International stated that Malaysian 
authorities "must initiate an independent, impartial, prompt, 
and effective investigation," deeming the alleged abuse 
 
KUALA LUMP 00000049  002 OF 002 
 
 
"torture." 
 
Demonstration at National Police HQ 
----------------------------------- 
 
¶6.  (SBU) HINDRAF called for a protest at the national RMP 
headquarters on January 23.  Preliminary reports indicated 
that only some 80 participants attended.  Representatives 
from PKR, DAP and MIC were present. 
 
AGO Classifies Case as Murder 
----------------------------- 
 
¶7.  (U) After three days of mounting criticism, late on 
January 23 the Attorney General's Office released a statement 
classifying the case as a possible murder.  In addition, 
Inspector General of Police Musa Hassan told reporters the 
police would conduct a full investigation into Kugan's death. 
 "We will not cover up anything," Musa stated.  Musa also 
criticized Kugan's family for entering the mortuary to view 
the body as this could constitute tampering with evidence. 
KEITH