Gerakan call for release of HINDRAF 5, now detained under ISA

Perak Gerakan Wanita: Release Hindraf
By CHAN LI LEEN (Star Online, 10/8/2008)

IPOH: Perak Gerakan Wanita has called on the Government to release leaders of the Hindu Rights Action Force(Hindraf) from detention under the Internal Security Act (ISA).

The call to release M. Manoharan, P. Uthayakumar, V. Ganabatirau, K. Vasantha Kumar and R. Kenghadaran, detained since last Dec 13, were among the resolutions passed during the state Gerakan Youth and Wanita annual delegates conference on Sunday.

Both Youth and Wanita wings passed their six and 12-point resolutions, mostly concerning education, national issues, corruption and the present economic scenario.

Wanita further drew attention to the problem of lack of Chinese national type schoolteachers and asked the Education Ministry to re-evaluate its hiring process so that qualified ones were not turned away.

The Ministry was also urged to be fair in its distribution of funds to government-aided schools to speed up their construction and development.

The wing also urged the Government to give a free hand to the Judiciary and the Anti-Corruption Agency to investigate government agencies without fear or favour in order to restore the people's trust and faith.

It said the Government should also pay more attention to the rising corruption within its agencies and to take stern action against those involved.

The Youth wing asked that the party's constitution be reviewed to allow for the post of deputy chief to be created at the branch, division and state levels.

Hindraf convoy calls for ISA repeal

2008/06/16 (NST)

Hindraf convoy calls for ISA repeal

KUALA LUMPUR: The Hindu Rights Action Force (Hindraf) took to the streets yesterday over the detention of their leaders under the Internal Security Act.

The group of about 200, travelled in a convoy of more than 50 cars and six motorcycles with banners calling for the abolition of the ISA. They started from Rawang at 8.30am and ended in Klang about 5pm.

They travelled through Sentul, Brickfields and Shah Alam. Police were stationed at all major intersections but no untoward incidents were reported.

City police chief Datuk Muhammad Sabtu Osman confirmed the incident saying police did not intervene as it was a peaceful procession.

They gathered to appeal to the King - for the release of ISA detainees

Some have asked as to why they are protesting here ...and protesting there - risking to get arrested. Once or twice, would have been OK but this is really going overboard.

Well, when it comes to the ISA and Detention Without Trial - then REPEATEDLY we must raise the issue until at last the Prime Minister decides to release them who are being detained.

In a criminal case after trial, where the court finds you guilty and sentences you - there is some certainty as to how long you will be imprisoned. How good behaviour will reduce the length of your incarceration -- BUT with the ISA and other Detention Without Trial, there is NO certainty as to how long you will be locked-up. At one time, the Minister can make a 2-year Detention Order, and he can continue making it over and over.

With regard to the HINDRAF 5, it is sad that our Prime Minister Abdullah Ahmad Badawi is not releasing them even after MCA, GERAKAN and MIC, major partners in the BN have asked him to do so. Talk about showing respect to the views of your MAJOR partners in BN.

So on we go - repeatedly calling for the release of the many who are being detained under the ISA and other laws that allow for Detention Without Trial.

Sunday June 15, 2008

Three MPs, three PKR members held at Istana rally

By TEH ENG HOCK

KUALA LUMPUR: Three Members of Parliament were among six people arrested yesterday for participating in a rally in front of Istana Negara.

Kapar MP S. Manikavasagam, Subang MP R. Sivarasa and Ampang MP Zuraida Kamaruddin were arrested at 10.30am for protesting against the detention of Hindu Rights Action Force leaders under the Internal Security Act.

Three other PKR members were also arrested.

Special gifts: Children walking to Istana Negara in Kuala Lumpur with gifts for Tuanku Mizan yesterday.

Brickfields OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid said all of them were released on bail by 12.45pm.

He said police arrived at about 10am and asked members of the public, including tourists, to vacate the area around Istana Negara’s main gate.

“Everybody left except for a group who refused to leave. We gave them three warnings to disperse. Deputy OCPD (Supt Azri Abd Rahman) spoke to them, and at 10.20am, I gave them five minutes to disperse.

“At 10.25am, they still refused to leave so we arrested them. No force was used, and they also did not resist arrest,” he said.

At 10.35am, ACP Wan Bari said a group of 70 people, including children, alighted buses parked some distance away and walked to Istana Negara, the official residence of Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin.

“Each child was carrying a basket with flowers and a teddy bear and lined with yellow cloth. They left the baskets in front of the palace gate,” he said, adding that they left after they were asked to.

ACP Wan Bari said he could not comment further on investigations as “counter-reports have been made” against him for ordering the arrest of the six, and his comments would prejudice investigations.

The seventy children represented the 70 men currently detained under the ISA at the Kamunting detention centre in Taiping.

They were accompanied by their mothers as well as other family members.

The event was organised by the Hindu Rights Action Force (Hindraf) and joined by members of the Gerakan Mansuhkan ISA.

According to Hindraf national event coordinator Kannan Ramasamy, they gathered to appeal to the King to advise Prime Minister Datuk Seri Abdullah Ahmad Badawi and Home Minister Datuk Seri Syed Hamid Albar to release all the ISA detainees.

Uthaya: Suhakam's conduct deplorable - MADPET (Malaysiakini)

Uthaya: Suhakam's conduct deplorable

Charles Hector | Apr 25, 08 3:48pm

I refer to the Malaysiakini report Suhakam: Uthaya wasn't denied treatment. Madpet (Malaysians Against Death Penalty and Torture) is disappointed by the fact that the Malaysian Human Rights Commission (Suhakam) made and pronounced conclusions about complaints about detention conditions and health care of an Internal Security Act (ISA) detainee in Kamunting Detention Centre without even meeting with the said P Uthayakumar. The Malaysian Human Rights Commission should never come to any conclusion or finding without at least meeting and talking to both sides. In this case, it was reported that the Suhakam team, led by Human Rights Commissioner Siva Subramaniam, had meetings with ‘…senior officials, the doctor and police personnel at the camp, as well as medical personnel in Taiping hospital’. It was also reported that ‘Uthayakumar was neither present during the four-hour probe, nor interviewed by the team’. When Siva Subramaniam was asked why Uthayakumar’s side of the story was not heard it was reported, ‘He pointed out that media reports were also sufficient to highlight Uthayakumar’s plight’. The manner in which this ‘inquiry’ was done and the conclusions reached are very wrong, and is a deprivation of Uthayakumar and his family’s fundamental right to be heard and participate in any inquiry and/or investigation. Uthayakumar is already a victim of a draconian law that allows for detention without trial - where there is no right to defend oneself; no right to a fair and open trial and no right to even go for judicial review of the alleged reasons for detaining him. As such, the manner in which Suhakam conducted themselves in this case makes it even more deplorable and is certainly unacceptable behaviour for a national human rights commission. Madpet seriously hopes that the making of such speedy ‘conclusions - in this case by Commissioner Siva Subramanian - was not affected by the fact that his current term expires in July 2008, and a belief that a ‘pro-government’ positioning now may assist chances of a re-appointment for another two-year term. Human rights commissioners and Suhakam must at all times be independent and be seen to be independent and fearless and should only be driven by human rights and justice considerations. If a human rights commissioner cannot do this by reason of fear or some other reason, then the proper and ethical thing to do is to resign. Madpet urges Suhakam to immediately retract its conclusions about the complaints by Uthayakumar, his family and/or his friends as reported in the media, and conduct a proper inquiry into these complaints in the proper manner – which would necessarily include that the fundamental rights to be heard and to participate be accorded to the alleged victim and the complainants. Madpet also calls for the immediate and unconditional release of Uthayakumar and all those currently detained under the Internal Security Act (ISA) and other laws that allow for detention without trial and that all laws that allow for detention without trial be repealed. The writer represents Madpet.

Hindraf wants Suhakam commissioner out (malaysiakini)

	Hindraf wants Suhakam commissioner out
	Syed Jaymal Zahiid | Apr 25, 08 12:12pm
	Hindu Rights Action Force (Hindraf) lawyers have accused the Human Rights Commission (Suhakam) of deceit and demanded for one of its commissioners to step down. Lawyer N Surendran claimed that Suhakam’s report by commissioner N Siva Subramaniam was utterly incorrect in suggesting that detained Hindraf leader P Uthayakumar is fine. "It’s a lie. The report is totally incorrect. Uthayakumar is in bad shape. He has been denied medical attention for more than a month now," he told reporters at a Hindraf gathering outside Istana Negara this morning. About 30 supporters gathered outside the palace gates to submit a memorandum seeking royal intervention for the release of Uthayakumar and four others held under the Internal Security Act (ISA). The memorandum was handed to a palace official by Vaishnavi, the five-year-old daughter of Hindraf chairperson P Waythamoorthy who is currently in self-exile in London. 'Blatant lie' Meanwhile, PKR Kapar MP S Manickvasagam, who was also present, claimed that Uthayakumar’s blood sugar level (right) had increased to a worrying point. This was caused by deliberate medical negligence on the side of the government, alleged the politician. Hindraf lawyer and DAP MP for Teluk Intan M Manogaran also lambasted the alleged denial of medical treatment, which he described as "inhuman." "We deplore Suhakam’s report, it is a blatant lie. Siva Subramaniam must step down immediately," he added. On Wednesday, Subramaniam, after visiting the Kamunting detention centre, said that Uthayakumar was given proper medical treatment by the authorities. He, however, did not meet Uthayakmar or any of the other four Hindraf detainees during his visit. Threat to BN, not nation In their memorandum to the King, Hindraf lawyers appealed to his highness to facilitate the release of the five. This action followed a recent media report stating that the King had consented to the government’s recommendation for the Hindraf leaders to be detained for two years [see letter below]. This decision was reportedly conveyed in letters sent by His Majesty to the five. Manogaran stressed that the use of ISA to detain the Hindraf leaders was utterly unjust and appealed to the King to raise the matter in his parliamentary address next Monday. "ISA is evil and the government that carries it is an evil government. We urge the King to look into the matter and justly react by releasing all of them," added Surendran. They argued that Hindraf is not a threat to national security but to the ruling coalition Barisan Nasional. The other Hindraf leaders under detention are M Manoharan, V Ganabatirau, R Kenghadharan and T Vasantha Kumar. All five were detained on Dec 13 shortly after they had organised a mammoth street rally which drew some 30,000 people. Watch 2-min video in Malaysiakini.tv

MEDIA STATEMENT – 24/4/2008

SUHAKAM’S CONDUCT UNBECOMING OF A HUMAN RIGHTS COMMISSION

- Conduct proper inquiry into complaints concerning P. Uthayakumar

MADPET (Malaysians Against Death Penalty and Torture) is disappointed by the fact that the Malaysian Human Rights Commission (SUHAKAM) made and pronounced conclusions about complaints about detention conditions and health care of an Internal Security Act (ISA) detainee in Kamunting Detention Centre without even meeting with the said P. Uthayakumar. This was reported by Malaysiakini(23/4/2008) in a report entitled “Suhakam: Uthaya wasn't denied treatment” and also by Bernama(23/4/2008) in a report entitled “Uthayakumar's claim of improper medical care untrue: Suhakam”

The Malaysian Human Rights Commission (SUHAKAM) should never come to any conclusions or findings without at least meeting and talking to both sides.

In this case, it was reported that the SUHAKAM team led by Human Rights Commissioner Datuk Siva Subramaniam, had meetings with “…senior officials, the doctor and police personnel at the camp, as well as medical personnel in Taiping hospital…”

It was also reported in Malaysiakini that “Uthayakumar was neither present during the four-hour probe, nor interviewed by the team…”

When Datuk Siva Subramaniam was apparently “…asked why Uthayakumar’s side of the story was not heard….He pointed out that media reports were also sufficient to highlight Uthayakumar’s plight….”(Malaysiakini).

The manner in which this “inquiry” was done and the conclusions reached are very wrong, and is a deprivation of P.Uthayakumar and his family’s fundamental right to be heard and participate in any inquiry and/or investigation.

P. Uthayakumar is already a victim of a draconian law that allows for detention without trial - where there is no right to defend oneself; no right to a fair and open trial; and no right to even go for judicial review of the alleged reasons for detaining him.

As such, the manner in which Siva Subramanian and SUHAKAM conducted themselves in this case makes it even more deplorable and is certainly unacceptable behaviour for a National Human Rights Commission.

MADPET seriously hopes that the making of such speedy “conclusions” in this case by Commissioner Siva Subramanian, was not affected by the fact that his current term expires in July 2008, and a belief that a ‘pro-government’ positioning now may assist chances of a re-appointment for another 2-year term.

Human Right Commissioners and the Malaysian Human Rights Commission (SUHAKAM) must at all times be independent, and be seen to be independent, fearless and should only be driven by human rights and justice considerations. If a Human Rights Commissioner cannot do this by reason of fear or some other reason, then the proper and ethical thing to do is to resign.

MADPET urges SUHAKAM to immediately retract its conclusions about the complaints by P. Uthayakumar, his family and/or his friends, as reported in the media, and conduct a proper inquiry into these complaints in the proper manner – which would necessarily include that fundamental right to be heard and to participate accorded to the alleged victim and the complainants.

MADPET also calls for the immediate and unconditional release of P. Utayakumar, M. Manoharan and all those currently detained under the Internal Security Act(ISA) and other laws that allow for detention without trial.

MADPET also reiterates its call that the ISA and all laws that allow for detention without trial be repealed.

Charles Hector

for Malaysians Against Death Penalty and Torture (MADPET)

24th April 2008

Suhakam: Uthaya wasn't denied treatment (Malaysiakini)

Suhakam: Uthaya wasn't denied treatment

Beh Lih Yi | Apr 23, 08 3:14pm

Hindu Rights Action Force (Hindraf) leader P Uthayakumar has not been denied proper medical treatment, the Human Rights Commission of Malaysia (Suhakam) has found following a probe. Commissioner N Siva Subramaniam said the claims were found to be untrue during Suhakam’s visit yesterday to the Kamunting detention camp in Taiping, Perak. There have been rising concerns over the health of Uthayakumar, a diabetic for the past 12 years. He is currently being held under the Internal Security Act (ISA) in Kamunting. “His situation is under control and he is happy with the medicines given to him,” Siva Subramaniam told a press conference at the Suhakam headquarters in Kuala Lumpur today. Alos present was commission secretary Ahmad Yusuf Ngah. Siva Subramaniam said he led a team which met with senior officials, the doctor and police personnel at the camp, as well as medical personnel in Taiping hospital. Uthayakumar was neither present during the four-hour probe, nor interviewed by the team. The commissioner said his team discovered that certain claims were false - that Uthayakumar had been treated merely by a health assistant and that he had been discharged too soon from the hospital. It was also not true that he had been denied medicine for diabetes over the past month despite repeated requests to the director of the Kamunting camp. “His family wanted to provide medicine to Uthayakumar but under the rules and regulations (of the camp), the medicine needs to come from the health ministry,” he noted. Siva Subramaniam said the substance of medicine was found to be the same from both sources. “He told the doctor that he is satisfied with what is being given to him,” said the commissioner, who nonetheless stressed that it was the right of any detainee to receive proper medical treatment. Siva Subramaniam was asked why Uthayakumar’s side of the story was not heard. “We came to a conclusion that as far as diseases and confidentiality of medical treatment (are concerned), it should be maintained between doctor and patient; a third party shouldn’t know what’s happening,” he contended. He pointed out that media reports were also sufficient to highlight Uthayakumar’s plight. To another question, he said the detainee’s family had not approached Suhakam for help, but understands that over 30 police reports had been lodged over the claim that Uthayakumar was being deprived of due medical attention. Visit to Lenggeng tomorrow Uthayakumar is among five Hindraf leaders who were detained under the ISA on Dec 13 last year after organising a mammoth rally in Kuala Lumpur on Nov 25. This saw some 30,000 Indian Malaysians protesting against perceived marginalisation and discrimination. He was admitted to the Taiping hospital on April 7 after his sugar level rose to more than three times the normal level. He was discharged on April 10 and taken back to the detention centre, but his family insisted that he was still unwell. There have been calls from rights groups and politicians, including the MIC, to provide the lawyer-activist proper medical attention. There are currently 70 detainees in Kamunting under the ISA, a law which the government-backed human rights commission has consistently opposed. Siva Subramaniam also said he will lead a Suhakam team to the Lenggeng detention centre in Negri Sembilan tomorrow, after a riot on Monday. During the incident, about 60 Burmese detainees reportedly tried to pull down the perimeter fence and afterwards torched an administration building. More than 100 members of the people’s volunteer corps, riot police, civil defence department and fire and rescue service personnel had to be called in to contain the riot.

Medical Care and Treatment NOW for Uthayakumar

Mum appeals to PM for Uthayakumar's transfer

Wednesday, 16 April 2008 09:38am

• Uthayakumar’s mum pleads for his release New Straits Times PUTRAJAYA: P. Uthayakumar's mother has appealed for her son to be admitted to the National Heart Institute (IJN) or a private hospital of her choice. K. Kalaivaniy, 64, claimed that Uthayakumar's health was deteriorating at the Kamunting detention centre. She said Uthayakumar, 46, a diabetic, was admitted to the Taiping Hospital in December for high blood sugar but was prematurely discharged despite high glucose levels. She also claimed prison authorities were deliberately ignoring her son's medical needs and this had worsened his condition. Saying she feared for his life and safety, she appealed to Prime Minister Datuk Seri Abdullah Ahmad Badawi to transfer her son to the IJN or a private hospital of her choice. She said she was willing to bear the cost of medical treatment as she did not wish to burden the authorities with unnecessary medical bills. Kalaivaniy was accompanied by 70 Hindu Rights Action Force supporters when she went to the Prime Minister's Department to hand over her letter. She also urged the prime minister to immediately release all five Hindraf leaders.

Family: Uthaya suffered a silent heart attack

Detention Without Trial is allready a serious violation of human rights - and persons can wrongly be detained for any length of time (normally 2 year detention orders are issued at a time..followed by another 2 years...and), and all at the whims of the Home Minister. The Home Minister has all the POWER - he decides whether to detain for a further period, or to release tomorrow. Uthayakumar and 4 others, associated with HINDRAF, are being detained by virtue of a detention order signed by the Prime Minister of Malaysia (who did so because he was the Minister for Internal Security..) There is NO JUDICIAL REVIEW of the reasons for detention. In fact, you can say anything absurd and get away with it... Now, it is shocking that Uthayakumar has been deprived of proper and basic health care....to the extend now his life is being threathened.. Uthayakumar, a diabetic for the past 12 years, was admitted to the Taiping hospital in Perak on April 7 after his sugar level rose to more than three times the normal level. His lawyer Santha Devi Velusamy complained that he was not given his diabetes medicines for the past one month despite making repeated requests to the detention centre director. Uthayakumar was discharged from the hospital on April 10 and taken back to the detention centre but his family members insist that he is still not well. Uthayakumar’s brother and Hindraf chairperson P Waythamoorthy today criticised the authorities for prematurely discharging his sibling from the hospital. Family: Uthaya suffered a silent heart attack

K Kabilan | Apr 12, 08 12:22pm

The Malaysian Indian United Party (MIUP) today joined a chorus of calls being made to the government to ensure that ISA-detained Hindraf legal advisor P Uthayakumar is given a proper medical treatment. MIUP president KS Nallakaruppan said that it was the duty of the government to ensure Uthayakumar received proper medical treatment for his diabetes. “The detention centre authorities must make sure that Uthayakumar and the other four Hindraf detainees are in good health,” said Nallakaruppan today. “The authorities must not fail in their duty to provide healthcare for these detainees. “If they are needed to be admitted in a hospital, they then should be admitted. If they need to see a specialist, again, the detention centre must make arrangements for that,” he added. He also warned that the detention camp authorities should not turn the admission of any of these Hindraf leaders into a government hospital into a media event. “We see them parading Uthayakumar in handcuffs while being taken to the hospital and back to the detention centre. “This shouldn’t happen. He is not a criminal. If you are taking him to the hospital for treatment, then make sure that he gets the propers treatment,” he said. Nallakaruppan also urged the detention centre authorities to allow Uthayakumar to receive his proper medications from his doctors. Similarly, Nallakaruppan added that two other Hindraf detainees - V Ganabatirau and R Kenghadharan - had also complained of being denied medical treatment. “I urge the authorities to look into this matter seriously. I know how it feels to be locked up and being denied medical treatment. The government must show its humane face by giving proper medical treatment for these detainees,” he added. Family: a silent heart attack Uthayakumar, Ganabatirau, Kenghadharan, M Manoharan and T Vasantha Kumar - all key leaders of Hindu Rights Action Force - were detained under the Internal Security Act on Dec 13 shortly after organising a mammoth rally in Kuala Lumpur on Nov 25 which saw some 30,000 Indians taking to the streets. Uthayakumar, a diabetic for the past 12 years, was admitted to the Taiping hospital in Perak on April 7 after his sugar level rose to more than three times the normal level. His lawyer Santha Devi Velusamy complained that he was not given his diabetes medicines for the past one month despite making repeated requests to the detention centre director. Uthayakumar was discharged from the hospital on April 10 and taken back to the detention centre but his family members insist that he is still not well. Uthayakumar’s brother and Hindraf chairperson P Waythamoorthy today criticised the authorities for prematurely discharging his sibling from the hospital. In a statement issued from London where he is currently based, Waythamoorthy urged all Hindraf supporters to lodge police reports against the director of detention centre and the Home Affairs Minister for “negligently and prematurely discharging Uthayakumar thus seriously damaging his health”. “My family member who visited him confirms his complaints of decreased vision, giddiness, weakness and uncomfortable feeling in the heart. “The doctor who examined him at Taiping hospital suspected he may have damaged heart muscles and is suffering a silent heart attack as a result of being denied diabetes medication for more than a month,” he said. Police reports lodged Waythamoorthy added that a proper test to confirm Uthayakumar’s heart condition is only available at the Taiping hospital on April 28. “His condition is so serious and my family are willing to bear the private medical expenses. He needs to be referred to IJN urgently and we need the public to support our request for urgent private medical treatment,” he added. Waythamoorthy also claimed that upon Uthayakumar’s discharge from the hospital, he was again denied medication for more than 20 hours and served diet with high sugar content. In order to force the government to provide proper medical treatment to Uthayakumar, his mother K Kalaivaniy and fiancée Indra Devi Subramaniam lodged separate police reports at the Seremban and Brickfields police stations respectively this morning. Yesterday some 300 Hindraf supporters gathered at the Kamunting detention centre to protest against the lack of medical treatment for Uthayakumar.

Supporters rally for ill Uthaya

Supporters rally for ill Uthaya

Andrew Ong | Apr 11, 08 5:27pm

Some 300 Hindu Rights Action Force (Hindraf) supporters today rallied in protest over alleged denial of medical attention being given to ISA detainee P Uthayakumar. The placard-armed crowd gathered in front of the Kamunting detention camp in Taiping at about 2pm today and held their peaceful protest while being under the watchful eyes of about 50 police personnel for about 90 minutes. Hindraf coordinator S Thanentheran told Malaysiakini that the crowd were outraged that Uthayakumar - one of the movement’s most recognisable face - was not treated humanely. “His potassium level is very low. It has caused him to become weak. His diabetic readings are also dangerously high at 15.5. His vision is failing him. “Hindraf supporters are angry, as they know his condition. This is very inhumane of the government. We hold ministry and camp commandant responsible for his life,” he said. Camp officials had admitted Uthayakumar to the Taiping Hospital on April 7. He was discharged two days later. Thanentheran said that Uthayakumar has yet to recover fully. “His detention diet is not suitable for a diabetic. He is not allowed to give himself insulin shots. His sole medications are pills which are not enough,” he added. Observe law Thanentheran had earlier failed in an attempt to convince camp authorities to allow a private doctor to treat Uthayakumar. Padang Serai MP N Gobalakrishnan who also attended the rally warned that the camp authorities must not be negligent in ensuring the well-being of detainees. “I believe if the camp denies Uthayakumar right to seek medication and doctor of his choice, they are violating the law. Action can be taken against them,” he said, adding that the Home Ministry must act on the matter. Gobalakrishnan however commended the police for their cooperation extended during the peaceful protest.

Aliran Media statement: P Uthayakumar - Callous treatment of a human being

Aliran Media statement: P Uthayakumar - Callous treatment of a human being

Friday, 11 April 2008 11:09pm

Aliran is shocked to learn that Hindraf leader P Uthayakumar who is under ISA detention is being treated inhumanely. We find it difficult to believe that a country that has exalted the virtues of Islam Hadari could be so callous in the treatment of a human being - which is hard to believe or accept. Uthayakumar, who is diabetic, has been wickedly denied his daily medication even though the Kamunting detention authorities had been informed of his health problems. His fiancee S Indradevi had also handed Uthayakumar’s medication to the Kamunting Detention Centre’s administration in the belief that it would be handed over to him. But this had not happened. She reportedly said that he had written six letters previously to the prison’s director but the director did not respond in any way. The medicines were prescribed by a doctor in January. As a result of this gross negligence and wanton cruelty, Uthayakumar had fallen ill and had to be hospitalised. His diabetic reading was 18.8 - something that is worrying. If he does not receive his regular medication, he can be subjected to various related illnesses associated with diabetes. His kidneys may be affected and his eye sight may be in danger - just to mention a few ailments related to diabetes. We also understand that his protein and uric levels are dangerously high. His medical condition would require him to go on a strict diet but this doesn’t seem to be the concern of the Kamunting authorities. They do not seem to take responsibility for the welfare of a detainee under their care. His younger brother was reported as saying that despite his condition he was forced to consume food which was high in sugar and starch. Aliran wishes to emphasise that a detainee does not forfeit his right to medical care under whatever circumstance. As a human being, he is entitled to receive medical attention like any other Malaysian. And his family has a right to be notified when a detainee is hospitalised. This is something very basic in a civilised society. Kamunting authorities need to be given an urgent course on human decency so that they will react as human beings and treat others under their care with dignity and compassion. So far their conduct has been disgraceful, deserving condemnation from the civilised international community. P Ramakrishnan President 11 April 2008

Ethnic Indians warn of more street protests unless Malaysia frees detainees

By JULIA ZAPPEI,Associated Press Writer AP - Wednesday, April 9

KUALA LUMPUR, Malaysia - Ethnic Indian activists in Malaysia warned Tuesday of more street protests if the government doesn't free five activists being held without trial under a strict security law.

The top five leaders of the Hindu Rights Action Force were arrested in December after organizing a rally in which about 20,000 Indians protested alleged government discrimination. Police used tear gas and water cannons to crush the protest.

The activists are being held under the Internal Security Act, which allows indefinite detention without trial.

"I'm warning the government ... don't play with fire. We will go down again to protest," said S. Manikavasagam, a leading activist with Hindraf and a recently elected member of Parliament.

Malaysia's minority Indian community largely voted against the government in general elections last month, partly because of the wave of sympathy that followed the police crackdown on the Hindraf protest. One of the Hindraf leaders detained was elected to a state assembly seat while imprisoned.

N. Surendran, a lawyer with the group, said the election results showed "people are repulsed and disgusted by detention without trial."

"People are waiting. ... If the government is not going to shift its position, the people will have a right to protest peacefully," he said.

The Malaysian government rarely allows protest marches or demonstrations, saying it threatens public order and security. The few rallies that have taken place in the recent past have been quelled by tear gas and mass arrests.

The government has warned Indians not to take to the streets again.

"Please don't threaten the well-being of the country because that would leave the government with no other option than to protect the nation," Home Minister Syed Hamid Albar was quoted by national news agency Bernama as saying late Monday.

Hindraf members tried to meet with Syed Hamid on Monday to seek the release of the five activists, but failed. Syed Hamid has previously said the five cannot be freed because they are still considered a security threat.

One of the detainees, who is diabetic, was admitted to hospital Monday because of a high blood sugar level. He is in stable condition, Surendran said.

The Hindraf movement has tested race relations in Malaysia by bringing to surface simmering complaints that minorities are treated unfairly in this multiethnic nation.

Muslim Malays make up 60 percent of Malaysia's 27 million people and enjoy a host of privileges denied to minorities. The Chinese make up 25 percent of the population, while Indians account for 8 percent.

Hindraf worried for Uthayakumar's health

Hindraf worried for Uthayakumar's health

Apr 9, 08 3:26pm

Hindraf legal advisor P Uthayakumar, who is being held without trial under the security laws, has been hospitalised after being denied medication for diabetes, his lawyer said today. Uthayakumar and four other members of the rights group Hindraf have been held at a detention centre in Perak since December after organising an unprecedented mass rally claiming discrimination against ethnic Indians. Uthayakumar, who has been a diabetic for the past 12 years, was admitted to the Taiping hospital in Perak on Monday after his sugar level rose to more than three times the normal level, lawyer Santha Devi Velusamy said. "He was not given his diabetes medicines for the past one month," she told AFP. "He has written six letters previously to the prison's director but the director did not respond in any way. These medicines were prescribed by a doctor in January," she added. Hindraf chairperson P Waythamoorthy, who is also Uthayakumar's younger brother, said that despite his condition he was forced to consume food which was high in sugar and starch. "This is a serious violation of Uthayakumar's rights and is deliberately done to exert torture, cruel and inhumane punishment on him," he said in a letter to the UN human rights commissioner. The five are currently fighting for their release in the country's highest court. Malaysia's home ministry was not immediately available for comment. (AFP)

ISA-held state rep: Let me be sworn in before sultan

ISA-held state rep: Let me be sworn in before sultan

Apr 7, 08 6:05pm

Kota Alam Shah state representative and ISA detainee M Manoharan today demanded to be freed so he can be sworn into office. Lawyer Manoharan and four other Hindu rights activists have been held without trial under internal security laws since December after organising an unprecedented mass rally claiming discrimination against ethnic Indians. In March 8 general election he contested for the state seat in Selangor representing the opposition DAP, soundly beating the incumbent in what was seen as a protest against the draconian legislation. The ruling Barisan Nasional coalition suffered unprecedented setbacks in the elections, with voters angry over its handling of ethnic tensions as well as rising inflation and crime. "I have written to his majesty the Sultan of Selangor asking for my immediate release so that I could better serve the constituents," Manoharan said in a statement from the Kamunting detention centre. However, attorney-general Abdul Gani Patail told the country's highest court last week that the five activists, who are under a two-year detention order, should not be released as they are a threat to national security. Home Minister Syed Hamid Albar has said that Manoharan could be sworn in before the state legislature's speaker at Kamunting, as has been done twice in the past when detainees won office. Minister warns Hindraf But Manoharan said the government's refusal to release him before the swearing-in ceremony for the Selangor state government, scheduled for April 22, undermined democracy and was disrespectful to the state's royal ruler. "I therefore demand and insist that, as a lawfully elected state assemblyman, I be take taken to the state legislative assembly for the purpose of swearing-in. There should be no compromise," he said. "The purpose of taking oath is an important aspect and element of our... democratic process." Syed Hamid today also cautioned the Hindraf activist group, of which Manoharan is a leading member, against organising any more rallies. "Please do not threaten the welfare of the country. The government will then have no choice but to act protect the country," he said according to the state Bernama news agency.

Overall law reform vital, Zaid told

Overall law reform vital, Zaid told

Apr 4, 08 12:31pm

Law minister Mohd Zaid Ibrahim should not set his sights only on reforming the judiciary but also to consider taking a human rights approach to law reform. Stating this today, Klang MP Charles Santiago also called on Zaid to take “the most significant step” towards that end by working on the abolition of the Internal Security Act (ISA). “Detention without trial deprives people's rights to be on trial before the court, because one is innocent until one has been sentenced by a judge,” he said in a statement. “That's the spirit of law,” he added. Santiago also called for the release of ISA detainee and fellow DAP member M Manoharan so that he can represent the Kota Alam Shah state constituency in the Selangor legislative assembly. Manoharan was one of five Hindu Rights Action Force (Hindraf) leaders imprisoned last December after the group spearheaded public protests against allegedly state-sanctioned ethnic discrimination and marginalisation. Despite being behind bars, Manoharan was voted during the March 8 polls to the Kota Alam Shah state assembly seat. Pak Lah's responsibility Prime Minister Abdullah Ahmad Badawi - who, as then internal security ministry signed the detention orders for the ‘Hindraf 5' - should not continue to deprive the Kota Alam Shah community their ‘voice’ by the continued detention of Manoharan, said Santiago. “All five Hindraf leaders were detained during Abdullah's term as internal security minister. It’s Abdullah's responsibility now to release the five Hindraf leaders to portray a reformed cabinet. “The Klang community will be very upset if their elected representative, who won with a 7000 strong majority, is not able to return and serve their community. “The BN federal government has no right to ignore the community's voice by (arbitrarily) continuing to detain their assemblyman without trial”, he added. Santiago also rebutted Malacca Chief Minister Mohd Ali Rustam who had recently labelled the Hindraf leaders as threats to national security. The Hindraf leaders were merely fighting for Indians to be accorded basic religious and human rights that are guaranteed by the Federal Constitution as these had been ignored by the BN-led government, said Santiago. He also noted that even leading figures within BN component parties MIC and MCA have called for the release of the Hindraf 5.

Samy meets Syed Hamid on Hindraf 5 release

Samy meets Syed Hamid on Hindraf 5 release

Chan Kok Leong | Apr 3, 08 6:40pm

Samy Vellu, who called for the release of the five detainees on Sunday, met Home Minister Syed Hamid Albar this afternoon to discuss their release. "We understand that the five were detained to preserve the security of the country but now after more than four months, we hope that the government will reconsider their detention," said Samy Vellu. "The Home Minister said that they will have to seek the police's view on this before reconsidering and that he (Syed Hamid) cannot decide unilaterally." The 72-year-old said MIC will leave it to the minister to sort it out and take the appropriate action. Samy Vellu also said that he would not be raising the issue with Prime Minister Abdullah Ahmad Badawi because the matter was under the home minister's purview and not the prime minister's anymore. The Federal Court is currently hearing an appeal against the Kuala Lumpur High Court decision in February to reject a habeas corpus application by the five Hindraf leaders. On Dec 13 last year, P Uthayakumar, M Manoharan, V Ganabatirau, R Kengadharan and K Vasanthakumar - dubbed as the Hindraf 5 - were detained under Section 8(1) of the Internal Security Act 1960 for two years. Following this, the five filed a habeas corpus application to the Kuala Lumpur High Court on grounds that their detention was illegal and unconstitutional. However, High Court judicial commissioner Zainal Azman Ab Aziz on Feb 26 ruled that the detention orders issued by Abdullah were valid. The three-member Federal Court panel consists of Chief Judge of Malaya Alauddin Mohd Sheriff, Arifin Zakaria and Hashim Yusoff. They are detained for allegedly being a threat to the national security. More Hindu priests from India Apart from the release of Hindraf 5, Samy Vellu also raised the issue of allowing more Hindu priests from India to work here. According to the former works minister, there are currently 500 Hindu priests from India working in Malaysia on contract but there are 26,000 temples here. Furthermore, since early this year most of the work permits were not renewed, he told reporters at the Home Ministry today. "These priests from India have their specialities and we must have them. The home minister has assured us that the matter will be brought to the attention of the cabinet," said Samy Vellu. During the hour-long meeting, the issue of de-registration of two Hindu temples (Subramaniam and Mariaman) in Ipoh was also raised. "There was some internal conflict there and complaints were filed with the Register of Societies. As a result of that, the two temples were de-registered," said Samy Vellu. "I've asked Syed Hamid to consider lifting the de-registration." Also present in the meeting were MIC secretary general Dr S Subramaniam and central working committee member SK Devamany.

AG: PM did not act in 'cavalier fashion' against Hindraf 5

AG: PM did not act in 'cavalier fashion' against Hindraf 5

Andrew Ong | Apr 3, 08 2:30pm

The decision to detain five Hindraf leaders under the Internal Security Act (ISA) was made based on information provided by the police, attorney-general Abdul Gani Patail told the Federal Court today. In his submissions, Abdul Gani dismissed the appellants’ charge that the then Internal Security Minister Abdullah Ahmad Badawi had acted in a cavalier fashion in issuing the detention orders. "The prime minister... had ordered their arrest (last December) upon a thorough police investigation which deemed them as a threat to national security," he said. The Federal Court is hearing an appeal against the Kuala Lumpur High Court decision in February to reject a habeas corpus (wrongful detention) application by the five Hindraf leaders. Abdul Gani argued that Abdullah’s affidavit in-reply during the High Court proceedings had stated that the latter had gone through the detailed facts raised during police investigations. He added that these include claims that the appellants had through their past activities raised racial sentiments, hatred for the government and had links with terrorist organisations such as Sri Lanka's Liberation Tigers of Tamil Eelam (LTTE). PM's sworn statement Abdul Gani also read Abdullah's sworn statement in court, which said the five could have started racial riots and linked them to LTTE. "In pursuing their cause, Hindraf had tried to get international acknowledgement and help from the terrorist organisation LTTE with the intention of further inciting riots in this country, which has and will threaten peace and national security," the statement said. "If not stopped and contained, this could cause racial riots on a larger scale in this country, threatening peace and national security," it added. As such, Abdul Gani argued that Abdullah, also the prime minister, could not have acted in a “cavalier fashion” as submitted by appellant’s counsel Karpal Singh yesterday. “There is no evidence to deny this. To say that there were no investigations and that the prime minister went on his own frolic is mere baseless conjectures,” Abdul Gani told the court. Abdul Gani then told the country's highest court that Karpal had eluded the fact that the police had provided detailed findings on the five Hindraf leaders and that the internal security minister had the “unfettered discretion” to issue the detention orders. Case postponed On Dec 13 last year, P Uthayakumar, M Manoharan, V Ganabatirau, R Kengadharan and K Vasanthakumar - dubbed as the Hindraf 5 - were detained under Section 8(1) of the Internal Security Act 1960 for two years. Following this, the five filed a habeas corpus application to the Kuala Lumpur High Court on grounds that their detention was illegal and unconstitutional. However, High Court judicial commissioner Zainal Azman Ab Aziz on Feb 26 ruled that the detention orders issued by Abdullah were valid. The matter is now under review of the Federal Court three-member panel comprising of Chief Judge of Malaya Alauddin Mohd Sheriff, Arifin Zakaria and Hashim Yusoff. The case was later postponed today as the three federal judges have to attend the funeral for former federal judge. A date for the next hearing has yet to be fixed. Karpal is expected reply to Abdul Gani’s submission during the next hearing.

Wednesday April 2, 2008

Hindraf 5 victimised by minister, court hears

By RAPHAEL WONG

PUTRAJAYA: The five Hindu Rights Action Force (Hindraf) leaders have been victimised by the Internal Security Minister, who abused his powers when he directly resorted to issuing detention orders against them without arrests and detention pending inquiries, the Federal Court heard.

Counsel Karpal Singh said the detention orders made by the minister amounted to an exercise of dictatorial powers.

"This is not a police state where a minister can exercise his discretion as he likes. Therefore the Judiciary is the last bastion to prevent excesses of the Executive," he said, adding that the apex court should act without fear or favour and rule that the detention order against the five Hindraf leaders was unlawful and void.

On Feb 26, the five Hindraf leaders detained under the Internal Security Act (ISA) failed to secure an order from the High Court for their release from what they claimed as unlawful detention.

High Court judicial commissioner Zainal Azman Ab Aziz threw out the applications, saying that the detention orders issued by Prime Minister Datuk Seri Abdullah Ahmad Badawi on Dec 13 last year, were valid under the law.

Abdullah, in his capacity as Internal Security Minister, had issued the two-year detention orders against M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kengadharan, and K. Vasantha Kumar under Section 8(1) of the Act.

At Wednesday's proceedings, Karpal Singh also said the trial judge was wrong when he failed to conclude that there was no exceptional circumstances for the minister to resort directly to detain the five men under Section 8(1) of the Act.

He said the police force was able enough to conduct investigations against the five men and submit a report to the minister, who in turn, could then make a detention order, if necessary.

"I do not see how a minister, on his own, can take on the role of Sherlock Holmes and investigate before making the detention order.

"We accept the concerns of the minister but his decision cannot be subjective and arbitrary," he said.

Karpal Singh also submitted that the minister had acted mala fide adding that the orders were made for a collateral or ulterior purpose – a purpose not envisaged by Parliament when it passed the ISA in 1960.

"The public does not support Manoharan's detention and this is evident as they elected him as the Kota Alam Shah state assemblyman during the recent elections," he said, adding that the people wanted a fast and fair judicial verdict.

Attorney-General Tan Sri Abdul Gani Patail will submit before Chief Judge of Malaya Justice Alauddin Mohd Sheriff as well as Federal Court judges Justices Arifin Zakaria and Hashim Mohd Yusoff on Thursday.

Wednesday April 2, 2008

MCA calls for release of Hindraf five

PETALING JAYA: MCA vice-president Datuk Donald Lim Siang Chai has called on the Home Minister to seriously consider freeing the five Hindraf leaders from ISA detention “if they are found not to be a threat to the country’s stability.”

Making this call to Home Minister Datuk Seri Syed Hamid Albar, he said releasing the five would show that the Government was democratic.

“It will show that the Government is open in its handling of issues affecting the people. This in turn will enable the Government to garner more support from the people,” he said.

Lim also suggested that the Government arrange a special dialogue for the Indian community to voice out any grievances.

“The five leaders had organised the street demonstrations to highlight the plight of the Indian community,” he said.”

Federal Court hears Hindraf 5 appeal

Federal Court hears Hindraf 5 appeal

Andrew Ong | Apr 2, 08 4:05pm

The country’s highest court today began its hearing on an appeal against the Kuala Lumpur High Court’s decision to quash the bid for freedom by five Hindu Rights Action Force (Hindraf) leaders who are being detained without trial. The Federal Court three-member panel comprising justices Arifin Zakaria, Hashim Yusoff and Chief Judge of Malaya Alauddin Mohd Sheriff spent the entire morning hearing a 11-page submission from Karpal Singh, who is representing the detainees. "It (ISA) is the defamation of life, liberty, without the opportunity to defend oneself in the court of law," he told the top judges who are set to decide on whether to release the five. Proceedings adjourned at 1pm and attorney-general Abdul Gani Patail would be making his submissions tomorrow. On Dec 13 last year, P Uthayakumar, M Manoharan, V Ganabatirau, R Kengadharan and K Vasanthakumar - dubbed as the Hindraf 5 - were detained under Section 8(1) of the Internal Security Act 1960 for two years. The five were arrested shortly after organising a mammoth street rally in Kuala Lumpur which drew some 30,000 disgruntled Indians on Nov 25 last year. Following this, the five filed a habeas corpus (wrongful detention) application to the High Court claiming that their detention was illegal and unconstitutional. However, High Court judicial commissioner Zainal Azman Ab Aziz on Feb 26 ruled that the detention orders issued by then internal security minister Abdullah Ahmad Badawi were valid. 'Dictatorial powers' Karpal today submitted that Abdullah had acted in bad faith for not resorting to Section 73 (1), which allows for 60 days of detention without trial. He explained that by doing so, Abdullah had deprived the appellants the opportunity to exculpate themselves so that the police could recommend that a detention order under Section 8 (1) not be made. "What the first respondent did amounts to exercise of dictatorial powers. The judiciary is the last bastion to prevent excesses of the executive. "In this case, this court should act without fear or favour and rule that the detention order against the appellants is unlawful and void," he added. Karpal also argued that Zainal Azman was wrong in disagreeing that Abdullah could not have made an informed decision before issuing the detention orders. 'Prove national security threat' Speaking to reporters later, lawyer Gobind Singh Deo explained that the appellants are trying to convince the court that Section 8 and Section 73 of the ISA must be read together. "There has been precedents where the two sections are read separately but I believe that this is the first time this matter has been challenged in at the Federal Court level," he said. Meanwhile, newly elected Kapar MP S Manickavasagam told a crowd of some 100 Hindraf supporters outside the Palace of Justice that he would take the matter to Parliament should the appeal be rejected. The crowd which had gathered outside the tightly guarded court house chanted 'Makkal Sakti' or people power, while waving posters which read 'Free the Hindraf 5'. The crowd later dispersed peacefully. Manickavasagam also announced that he and other community leaders would be submitting a letter to Home Minister Syed Hamid Albar on Monday over the matter. "Until today, he has yet to prove that the five Hindraf leaders are a threat to national security. We challenge him to prove the government’s allegations or release them," he said. Syed Hamid has repeatedly rejected appeals to release the Hindraf leaders citing security concerns. Pushpaneela: Release my husband One of the detained, lawyer Manoharan, who stood as an opposition candidate in the Selangor state legislature, soundly beat the incumbent in March 8 polls while in detention. His wife, S Pushpaneela, appealed for his immediate release. "I plead with the prime minister to show some compassion to my family and I, who are under great stress and strains and also a feeling of uncertainty about our future," she said. Attorney-general Abdul Gani Patail is due to oppose Karpal's appeal motion tomorrow. "I will act solely on the basis of the law as the opposing counsel," he told AFP. Hindraf supporters - mostly clad in saffron - began converging in front of the Palace of Justice in Putrajaya since 7am. Entry passes for media personnel and the public were quickly snapped up before 9am.