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)

URGENT APPEAL: Death penalty of three Malaysians in Singapore

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Forwarded Urgent Appeal: AHRC-FUA-003-2008

29 February 2008
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SINGAPORE/MALAYSIA: Death penalty of three Malaysians in Singapore

ISSUES: Death Penalty
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Dear friends,

The Asian Human Rights Commission (AHRC) wishes to forward an appeal received from Amnesty International regarding the death penalty of three Malaysians in Singapore. Please intervene in this case in order to save their lives and urge the relevant authorities in Singapore to join the international community for the moratorium on executions.

If you have further queries, please contact the Regional Campaign Assistants given below.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
---------------------------------------------------------------------

For queries, Lea Biason (Lea.Biason@amnesty.org) and Charlotte Chompff (Charlotte.Chompff@amnesty.org).

SINGAPORE

Hamir Hasim (m) aged 23, Malaysian national
Kamal Kupli (m) aged 24, Malaysian national
Abdul Malik Usman (m) aged 28, Malaysian national

Hamir Hasim, Kamal Kupli and Abdul Malik are at risk of imminent execution in Singapore. On 18 February their final appeal was rejected by the Court of Appeals. Amnesty International is calling for their death sentence to be commuted by the President.

On 1 March, 2007 all 3 men had been convicted of murder, which carries a mandatory death sentence in Singapore. Hamir Hasim, a gardener, and Kamal Kupli and Abdul Malik Usman, both cleaners, were found guilty of attacking and killing a man that they robbed in December 2005.

BACKGROUND INFORMATION

Singapore has one of the highest execution rates per capita in the world. There has been very little public debate about the death penalty in Singapore, partly as a result of tight government controls on the media. The UN Special Rapporteur on Extrajudicial, summary or arbitrary executions noted in a 2005 report that legal safeguards in Singapore do not meet international human rights standards. Echoing the concerns of many lawyers and activists, he argued that the mandatory penalty denies the judiciary the necessary discretion to sentence people fairly and appropriately.

Amnesty International opposes the death penalty in all cases, and supports the global trend away from the use of the death penalty, powerfully expressed in the UN General Assembly’s resolution calling for a worldwide moratorium on executions on 18 December 2007.

Amnesty International recognizes the need of governments to address serious crime, including murder, but notes that there is no clear evidence that the death penalty deters crime any more effectively than other forms of punishment. Today 135 countries have abolished the death penalty in law or practice.

RECOMMENDED ACTION: Please rush personally-worded appeals

- urging the President to commute the death sentences of Hamir Hasim, Kamal Kupli and Abdul Malik Usman immediately;

- expressing concern that the death penalty is mandatory for murder in Singapore, and calling on the authorities to take steps to adopt a moratorium on executions, with a view to restricting the scope of the death penalty and ultimately abolishing the death penalty, as called for in the resolution passed by the United Nations General Assembly in December 2007.

APPEALS TO:

President Sellapan Rama Nathan
Office of the President of the Republic of Singapore
Orchard Road
Singapore 238823
Fax: 011 65 6737 5522
Email: s_r_nathan@istana.gov.sg
Salutation: Dear President Nathan

COPIES TO:

His Excellency Mr Vanu Gopala MENON
High Commissioner for Singapore
c/o Permanent Mission to the U.N.
231 East 51st Street
New York, NY 10022, USA
Fax: (212) 826-2964

Lee Hsien Loong
Office of the Prime Minister
Istana Annexe, Orchard Road
Singapore 0923
Fax: 011 65 6835 6621
Email: lee_hsien_loong@pmo.gov.sg
Salutation: Dear Prime Minister

Professor S. Jayakumar
Ministry of Law
100 High Street
The Treasury 08-02
Singapore 179434
Fax: 011 65 6332 8842
Salutation: Dear Minister

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

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.

...the disabled are still fighting social prejudice in order to live independently

Saturday April 5, 2008

Treated lightly

By SHOBA MANO

Fifty years into Merdeka, and the disabled are still fighting social prejudice in order to live independently.

A disabled person is usually confined to the home or cared for by family members. Some are sent to live in institutions or private nursing homes.

With these limited options, the disabled can hardly lead a fulfilling life, and do all the things that the able-bodied take for granted.

Hence, to improve their quality of life, the Independent Living Movement began in the US, starting with the Center for Independent Living in Berkley, California in the late 1960s.

The amended Street Drainage and Building Act specifies the gradient of ramps, but this one is just too steep. — SHOBA MANO

From there, the movement spread to Asia and flourished in Japan, where a government agency called the Japan International Cooperation Agency (Jica) began helping other Asian countries to implement Independent Living (IL) for the disabled.

Between 2005 and 2007, Jica worked with the Social Welfare Department in Malaysia to organise IL workshops and seminars in Kuala Lumpur. They trained at least 60 peer counsellors to provide emotional, relational, information and job-related support to other disabled.

However, most of these peer counsellors are unable to provide their services on a fulltime basis due to the lack of funding.

Peter Tan, 42, is one such peer counsellor. But thanks to a grant from Toyota Foundation of Japan, he operates the Independent Living Centre (ILC) in Kuala Lumpur on an ad hoc basis.

This ILC is one of two in Malaysia. The other is in Petaling Jaya. Unlike in Japan, the Malaysian government does not provide them with an annual grant, and hence, these peer counsellors only provide their services when they are free to do so.

“By comparison, Japan currently has 60 ILCs under the auspices of the National Council on Independent Living (NCIL) and Japan Council of Independent Living Centres (JCIL),” said Tan.

These organisations receive annual grants from the Japanese Government, so that the ILCs can employ full-time personal assistants to help the disabled with daily activities.

Personal assistants in Japan earn salaries equal to those of fresh university graduates. They are also selected from a pool, so even if one or more of them go on leave, there will still be others to care for the disabled.

The Japanese ILCs also provide job opportunities by hiring the disabled as clerical and administrative staff.

Tan said the biggest problem faced by the disabled regarding independent living was not their physical limitations.

“Our biggest problem is social prejudice. When society treats us as if we don’t exist, and don’t consider our disabilities when designing access to public transport, buildings and offices, then we are forced into isolation.

“This is when the futility of life sets in, and we become depressed,” he said.

Tan said under the standard set by Jica, IL was defined as having equal opportunities and access to education, jobs, mobility and all other basic rights enjoyed by the able-bodied.

The Uniform Building (Amendment) Bylaws 1991 of the Street Drainage and Building Act 1974 provides clear guidelines for the disabled to have access to public buildings and even specifies the gradient for ramps.

“But even modern buildings do not adhere to the law. So whatever ramp they have is useless to the disabled as the gradient is too steep and can cause a wheelchair to tip backwards.”

For public transport, only the Putra LRT is accessible, while the STAR and Monorail services are still inaccessible to the disabled,” said Tan.

“Even feeder buses do not have disabled-friendly facilities, although some of them do have ramps. The problem is that when they are let down, these ramps do not align correctly to the curb and can cause a disabled person to fall off his wheelchair.”

N. Surendran, the legal advisor to Malaysians against Death Penalty and Torture (Madpet), an organisation dedicated to fighting for the rights of the disabled and animals, among others, said social prejudice had much broader implications in Malaysia.

“Social prejudice is not just confined to the disabled, but extends to animals too and that is why very few among the disabled community have pets.

“The blind and those in wheelchairs, for instance, can be far more independent if they were encouraged to have trained guide dogs to take them around. With guide dogs and service dogs that are trained for other disabilities, even the reliance on personal assistants will be reduced.

“But these dogs are not allowed in public places in Malaysia, unlike overseas where the disabled can take them everywhere they go,” he said

Surendran urged the government to provide funding for ILCs and support the medical and food bills of dogs and other pets, due to the therapeutic effect they have on humans.

He said with government funding, Madpet can even help to train dogs for the disabled.

“This will result in more dogs, cats and other animals being adopted from shelters as well, so it’s a win-win situation for humans and animals,” he said.

Surendran also complained that the proposed Persons with Disability Act, which was drafted in 2002, has yet to be tabled in Parliament.

“I’m also unable to obtain a copy of the Bill to check for any omissions. NGOs and others with experience in helping the disabled ought to have been consulted before the Bill was drafted, but this did not happen either,” he said.

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.

Why can't the 'reform cabinet' set them free?

Why can't the 'reform cabinet' set them free?

Apr 2, 08 1:38pm

When Prime Minister Abdullah Ahmad Badawi unveiled his new team two weeks ago in the wake of Barisan Nasional’s worst ever electoral setback, it was touted as the ‘reform cabinet’. This appeared to be more spin than fact, said opposition leader Lim Kit Siang, who is DAP parliamentarian for Ipoh Timor. According to him, the government has failed to do the one thing which could signal that it is firmly on the path of reform - the release of five Hindu Rights Action Force (Hindraf) leaders who are held under the Internal Security Act (ISA), which allows for detention without trial. Last Monday, Home Minister Syed Hamid Albar, the man who has the powers to sign the release orders for Hindraf 5, has adamantly rejected the move. He even ticked off S Samy Vellu for the MIC leader’s sudden U-turn on the ISA detention in demanding the release of the five activists. “Hamid Albar has single-handedly destroy Abdullah's reputation that he is belatedly delivering his reform pledges by his refusal to immediately releasing the five Hindraf leaders,” said Lim. “In obstinately refusing to accede to demands for the immediate and unconditional release of the Hindraf 5 - even without calling for an instant review of the ISA detention of the Hindraf 5 - Hamid is showing utter contempt of the verdict of the Malaysian voters in the March 8 ‘political tsunami’.” Mano can’t attend swearing-in ceremony In making the ‘free Hindraf 5' call on Sunday, Samy Vellu - who was once highly critical of Hindraf - denied that it was a publicity stunt. The Hindraf leaders detained under the tough security law are P Uthayakumar, V Ganabatirau, M Manoharan, T Vasantha Kumar and R Kengadharan. The five were arrested shortly after organising a mammoth street rally which drew some 30,000 disgruntled Indians to the streets in Kuala Lumpur on Nov 25 last year. In the March 8 polls, Manoharan - one of the Hindraf 5 - won the Kota Alam Shah state seat in Selangor, which he contested under a DAP ticket. Syed Hamid has yesterday rejected Manoharan's application to enable him to attend the swearing-in ceremony for elected state representatives. Manoharan and his four Hindraf colleagues are being held in Taiping's detention camp.

Two-faced' Samy slammed on HIndraf 5

'Two-faced' Samy slammed on HIndraf 5

Mar 31, 08 7:25pm

S Samy Vellu’s call for the release of the Hindraf 5 from Internal Security Act (ISA) detention is a political ploy by the MIC president, alleged the Abolish ISA Movement (GMI) today. "The demand made by the former works minister is dishonest and is apparently politically motivated," said GMI president, Syed Ibrahim Syed Noh (right) in a statement. He said the timing of Samy’s call for the release of the five was suspect as the MIC boss had never made such calls prior to the general election on March 8. In a dramatic move, Samy, at an event at the party’s headquarters yesterday, publicly called for the release of the Hindraf ISA detainees as he said ‘there were no longer reason to detain them’. The veteran politician said he would meet Prime Minister Abdullah Ahmad Badawi soon to discuss this matter. He also urged Hindraf chairperson P Waythamoorthy - who is currently in London in self-exile - to return to Malaysia, saying he latter was not a political refugee. Samy’s call came in as a shock to many as he was among the government and BN leaders who had vociferously criticised the Hindraf movement prior to the arrests of its key leaders on Dec 13. Meanwhile the wife of ISA detainee and Kota Alam Shah assemblyman M Manoharan today denied she had sought help from Samy Vellu for the release of her husband. "I didn't go and see Samy Vellu," S Pushpaneela was reported by Star Online as saying. Samy Vellu had on Sunday claimed that Pushpaneela had met him to discuss the matter. Release all detainees Hindraf has been credited for being partly responsible for the worst ever performance by the MIC in a general election following the March 8 polls. Samy Vellu lost at his parliamentary constituency in Sungai Siput while the rest of the party’s top leadership fared no better, losing in all their respective constituencies they had contested. Syed Ibrahim said Samy’s call for the release of the Hindraf 5 was a move necessary for him to regain the trust of the Indian community which saw Hindraf as a voice for their struggle against increasing marginalisation by the government. "If he is really sincere about justice, why does he not call for the release of all 70 ISA detainees, all of which have been denied their basic right to a fair trial," questioned Syed Ibrahim. He said GMI would continue to insist that the government release all the 70 ISA detainees being held and not just the Hindraf 5 as the detention of all the 70 was unjust and a violation of their human rights.

Samy calls for Hindraf 5's release

Samy calls for Hindraf 5's release

RK Anand | Mar 30, 08 12:14pm

In a dramatic about-turn, MIC president S Samy Vellu today called for the release of the five Hindu Rights Action Force (Hindraf) leaders held without trial under the Internal Security Act (ISA). The veteran politician said he will meet Prime Minister Abdullah Ahmad Badawi soon to discuss this matter. He also urged Hindraf chairperson P Waythamoorthy - who is currently in London on self-exile - to return to the country and be reunited with his family, saying that the latter is not a political refugee. Samy Vellu was speaking to reporters after opening the MIC divisional leaders workshop on 'Rebranding MIC' at the party's headquarters in Kuala Lumpur. The Hindraf leaders detained under the security law are Waythamoorthy's brother, Uthayakumar, V Ganabatirau, M Manoharan, T Vasantha Kumar and R Kengadharan. The five - four of whom are lawyers - were arrested shortly after organising a mammoth street rally in Kuala Lumpur which drew some 30,000 people on Nov 25 last year. Approached by detainees' families Samy Vellu revealed that the families of Manoharan and R Kengadharan had approached him for assistance. "Because they made an approach, I will talk to the PM (about securing their freedom)," he said, adding, "We also don't want them to be kept inside. "The government has to make a decision. Kenghadharan is very sick, Manoharan is an elected member. So I think it is quite reasonable. I am going to ask PM (to release them) and meet the Internal Security Minister (Syed Hamid Syed Albar). "I made some moves on this earlier, but I didn't tell anybody. I will now make a very strong move to see what can be done," he added Manoharan won the Kota Alam Shah state seat in Selangor under a DAP ticket in the March 8 elections. In the past, Samy Vellu had been critical of Hindraf and the Nov 25 demonstration. The movement, in return, also accused MIC and the party's boss of failing to uplift the status of the Indian community. Not a publicity stunt Responding to a question, Samy Vellu denied that the move to call for the five's release was a publicity stunt. Describing it as being motivated by "fairness", he said: "At the same time, we feel that as Indians, we have to do something about this." The MIC president also revealed how he had helped secure the release of four students detained with scores others in the wake of the Hindraf rally. Thirty-one detainees were later charged with the attempted murder of a policeman, but this was subsequently dropped. Samy Vellu said this happened because he spoke to the prime minister and attorney-general Abdul Gani Patail. "But one of the detainees' fathers scolded me like hell... (the father said) 'Who the hell are you?', 'Where were you when my son was arrested?' "He ashamed me, it was very unreasonable. But I didn't take it to mind, as long as the students were released and the (attempted murder) charge against the others was reduced," he added. The MIC president said "many had argued for them because they want publicity." "We only want the truth," he said.

Gov't rejects calls to release detained state legislator

Gov't rejects calls to release detained state legislator

Mar 28, 08 6:17pm

Home Affairs Minister Syed Hamid Albar today rejected opposition calls for the release of an ISA-detained state legislator, citing the need to uphold public security. "We must react to the country's internal security and public order," Syed Hamid was quoted saying by the state Bernama news agency. The opposition parties last week pressed for five ethnic Indian activists, including lawyer M Manoharan who won a seat in recent elections, to be freed from the Internal Security Act, which allows for indefinite detention without trial. Manoharan, standing for the DAP, was elected from his detention centre - soundly beating the government incumbent in the Kota Alam Shah state seat in the March 8 general elections. Syed Hamid said Manoharan will be forced to sit out of the newly formed state assembly when it convenes. "You definitely can't be at two places at the same time," he said. The five are leaders of rights group Hindraf who were detained last December for organising an unprecedented mass rally claiming discrimination against ethnic Indians. Police used tear gas, water cannon and baton charges to break up the November protest, which drew at least 8,000 people. The opposition, which now controls more than a third of parliamentary seats, has said it will seek to repeal the ISA - which dates back to the British colonial era when it was used against communist insurgents. It is currently being used to hold more than 100 people, including about 80 alleged Islamic militants.

Senior lawyer wants Hindraf 5 released

Senior lawyer wants Hindraf 5 released

Mar 24, 08 4:09pm

Senior lawyer and international jurist Param Cumaraswamy today urged the government to release the five Hindu Rights Action Force leader presently being detained under the Internal Security Act. He said that the recent results of the general election indicated that there was no longer any justification whatsoever for the continuation of their detentions. “The results of the general elections two weeks ago must be seen as vindicating whatever suspicions the government had against them at the time of their detention. “The cause of Hindraf has now become part of the cause of MIC within the government and also the opposition,” he said in an open letter to the newly appointed Home Affairs Minister Syed Hamid Albar. The five - P Uthayakumar, M Manoharan, R Kenghadharan, V Ganabatirau and T Vasanthakumar - were detained on Dec 13 for participating in Hindraf activities that called on the government not to marginalise the Indian community. They were immediately sent to Kamunting detention centre for two-years, to prevent them from acting in any manner prejudicial to the security of the state. Param, a former UN special rapporteur on the independence of judges and lawyers, also said that the fact that one detainee Manoharan was elected in Kota Alam Shah should be taken as a clear message that “the electorate there do not see him as a threat to the security of the state”. “There clearly is no longer any justification whatsoever for the continuation of their detentions,” he added. 100 days in detention Param also reminded Syed Hamid, a former foreign minister, of his long term association with the United Nations programmes for the promotion of human rights and the rule of law and urged him to appreciate that detention without trial offends the first principle of the rule of law. “In the interest of justice and furtherence of racial integration and harmony in the country, please review the orders and release the five and unite them with their families,” said Param. He also said Manoharan must be allowed to serve his electorate of Kota Alam Shah effectively. Meanwhile, Hindraf chairperson P Waythamoorthy said that it has been 100 days since the detention of the five and urged the government to release them as well as to repeal the ISA. He said that Hindraf supporters remembered the 100th day of detention of the five by holding prayer sessions and forums throughout the country on March 22 and 23. He added that a protest was also organised at the San Francisco United Nations Plaza in the US on March 22. In recent weeks various other quarters have also urged the government to release the five Hindraf leaders, including BN coalition partner Gerakan, DAP veteran Lim Kit Siang and an influential Indian business group.

Pak Lah told to free Hindraf 5 (Malaysiakini)

Pak Lah told to free Hindraf 5

Mar 22, 08 12:14pm

Malaysia's opposition on Friday pressed for five ethnic Indian activists, including a man who won in recent elections, to be freed from indefinite detention under a tough security law. Lawyer Manoharan Malayalam, standing for the Democratic Action Party (DAP), was elected from his jail - soundly beating the government incumbent in the state seat on March 8. DAP leader Lim Kit Siang said Prime Minister Abdullah Ahmad Badawi should free the five, leaders of rights group Hindraf, who were detained last December under the Internal Security Act (ISA). They had organised an unprecedented mass rally claiming discrimination against ethnic Indians in November. Police used tear gas, water cannon and baton charges to break up the protest, which drew at least 8,000 people. Lim called for the "immediate and unconditional release (of) the five Hindraf leaders from ISA detention as proof that Abdullah has 'heard the voice' of Malaysians to start the process of 'national healing' after... the general election." Abdullah's Barisan Nasional coalition won the election on March 8 but with a reduced majority and lost an unprecedented five states to the three-party opposition alliance of the DAP, the Islamic PAS and PKR. It was the ruling party's worst election result since 1969. Swearing-in in detention centre Lim said the election result showed that ethnic Indian support for the government had plunged. Manoharan's lawyer Karpal Singh told AFP he had filed an appeal to the Federal Court, the highest in the land, after the High Court last month rejected a freedom bid by the five. Manoharan will be sworn in as a state assemblyman in the detention centre if he was not freed, he added. His wife, lawyer S Pushpaneela, also urged Abdullah to step in and release the men. "Only the prime minister has the power to release him. He should let him (Manoharan) and the others go now to gain more confidence from the people. It looks like people have completely lost their trust in him," she said. Pushpaneela said with Manoharan in detention, she has to undertake most of his duties as state assemblyman in the Kota Alam Shah constituency in central Selangor state.