24/4 - PS from WMP on Suhakam's "probe" on Uthaya's health

HINDRAF
135-3 JALAN TOMAN 7
KEMAYAN SQUARE
70200 SEREMBAN
MALAYSIA.
24th April 2008.

PRESS STATEMENT.

RE: Sivasubramaniam is liar, incompetent and lacks moral authority.
A probe without getting uthayakumar's testimony is a farce.
SUHAKAM irresponsible and serves as a tool of Govertnment.
Alleged "probe" not done according to powers conferred to Suhakam.

HINDRAF strongly condemns the "4 hour closed door probe" conducted by Sivasubramaniam which is one sided and deliberately calculated to paint a bad picture of the already defenceless P.Uthayakumar.

Sivasubramaniam and his team are liars, incompetent and lack moral authority. How can he(sivasubramaniam) speak for Uthayakumar that he is satisfied with the medication given to him when he (siva) never even interviewed him. The fact remains that uthayakumar was denied his medication for one month and for Suhakam to claim this is untrue is baseless and highly prejudical. What happened to the 6 written requests made by uthayakumar to the Prison Director. What happened to the medication supplied by his family members and lawyers that went mysteriously missing.

It sounds procedurally correct when he claims that the medication should be prescribed by the health Ministry. If the Government have the audacity to arrest him without trial then they should take the responsibility to immediately do a thorough medical check up on him and prescribe the necessary medication that was due to him . Isn't that the responsibility of the government and prison authorities?

What is even more puzzling is how does Siva knows that the contents of the medication supplied by the Prison and Uthaya's private doctor are the same? Since when did he turn into a "chemist" and we wonder if he ever conducted the necessary tests in the prison cell. It is amazing how a 4 hour probe can reveal all these complicated and scientific details.

They are many questions that were raised by the family of Uthayakumar that are still not answered but as a commissioner Siva could only lie for the sake of painting a bad picture of uthayakumar. It is a known fact that uthayakumar has had rows with SUHAKAM since its inception and he has never placed any confidence in it as an independent body. One would understand why then the family never approached SUHAKAM. Though under section 12 (1) of the Human Rights Commission Act 1999 it may inquire an allegation of human rights violations on its own motion, SUHAKAM should not have conducted such inquiry in the first place knowing very well the animosity between them and Uthayakumar which goes back to the early days of Suhakam when he took action against SUHAKAM for failing to make an inquiry into the deaths in Kg.Medan.

HINDRAF wishes to assert that the inquiry conducted by SUHAKAM led by Sivasubramaniam is flawed as it did not follow the procedure and criteria laid down under Section 14 of the Act. Perhaps siva and his team should read and undertake some courses on how to conduct inquiries. Their conduct and the manner of inquiry which was completed within 4 hours without the knowledge of members of public is appalling. In short HINDRAF wishes to stress what was done by the team was never an inquiry but an attempt to tarnish the image of Uthayakumar, vindictive and malicious.

If not for Section 18 of the Act Siva and his team should have been prepared for a civil suit for their negligence.

P.WAYTHA MOORTHY
CHAIRMAN
HINDRAF
Currently in London.

Letter to Pvt Sec of the King to seek audience

HINDRAF
No. 135-3-A, Jalan Toman 7,
Kemayan Square,
70200 Seremban, Negeri Sembilan
Malaysia. Tel: +606-7672995/6
Fax: +6-06-7672997
Email waytha@hotmail.com

Private Secretary to His Majesty
Duli Yang Maha MuliaTuanku Mizan Zainal Abidin
Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billal Shah
Istana Negara
Kuala Lumpur.
23rd April 2008.

Dear Sir,

Re: W.Vwaishhnnavi (5 years old) wishes to present Roses and a Humble Request to His Majesty the Yang Dipertuan Agong on His Majesty’s Royal Address at the First session of the 12th Parliament 2008.

On behalf of the Malaysian Indians we pray for the health and happiness of His Royal Highness the yang Dipertuan Agong and his family members.

We write to seek an urgent appointment with your goodself on the 25th April 2008 at 11.15 am upon the request of W. Vwaishhnnavi a 5 year old to present Roses and make a special request to His Royal Highness The Yang Dipertuan Agong on His Highness Royal Address at the opening ceremony of the First session of the 12th Parliament which is due on the 29th April 2008.

We humbly apologize for the short notice given and hope you would be able to convey our sincere apologies to His Majesty the yang Dipertuan Agong.

W.Vwaishhnnavi would be present at the Royal Palace on the 25th April 2008 at 11.15 am to submit her Roses and request personally.

Should you require any further information kindly contact our National Coordinator Mr. Tanendran on 019-4105283.

Your understanding and co-operation is very much appreciated.

Yours in Service


P.Waytha Moorthy
Chairman
HINDRAF

Letter to UN High Commissioner on Human Right

HINDRAF

(Hindu Rights Action Force)

No. 135-3-A, Jalan Toman 7,
Kemayan Square,
70200 Seremban, Negeri Sembilan
Malaysia. Tel: +606-7672995/6
Fax: +6-06-7672997

Email waytha@hotmail.com

Hon. Madam Louise Arbour
United Nations High Commissioner on Human Rights
Office of the High Commissioner for Human Rights Palais Wilson 52 rue des Pâquis CH-1201 Geneva, Switzerland
17th April 2008.

Dear Madam,

RE: SERIOUS HUMAN RIGHTS VIOLATIONS AFFECTING THE ETHNIC INDIAN MINORITY COMMUNITY IN MALAYSIA.
50 YEARS OF HUMAN RIGHTS VIOLATIONS AND THE ETHNIC COMMUNITY REMAINS A PERMANENTLY COLONIZED COMMUNITY.
APPOINTMENT OF SPECIAL RAPPORTEUR ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AFFECTING THE ETHNIC MALAYSIAN INDIAN COMMUNITY.

I write both in my personal capacity as well as chairman of the above-mentioned organization.

Malaysia achieved independence in 1957 from the United Kingdom Government. 200 years ago the British colonial masters exported indentured laborers from South India into then Malaya and when the country achieved independence these ethnic Indians were left behind without their rights being adequately protected in the new Federal Constitution that was then drafted.

Over the last 50 years the ethnic Indian minority community has suffered various Human Rights violations under the hands of the majority Malay UMNO led political party who controlled other coalition political parties within the Government. Amongst the violations are as follows:

FREEDOM OF RELIGION

No Freedom of Religion, thought or conscience. Citizens are denied their right to renounce their religion or to revert to their original religion/faith.
Demolitions of places of worships particularly belonging to Hindus, which has been in existence since the time, they were imported as indentured laborers. It is believed that about 10,000 temples have been demolished over the last 50 years.
No new allocations in terms of funding and grant of land for erection of places of worships for the benefit of non-Muslims.
Christian churches are particularly targeted in that they are not allowed to build new churches though they have the necessary funding and land for those purposes.
Non- Muslims are compelled to seek redress in the Muslim syariah courts should either one of the spouse convert to the Islamic faith.
Islamic laws are deliberately imposed on non-Muslims.

EDUCATIONAL RIGHT
80% of the 523 Ethnic Tamil schools are poorly maintained and hundreds remain in a dilapidated condition. The Government has failed to take the responsibility for the Ethnic Tamil schools after independence and there is a silent agenda to permanently phase out these ethnic Tamil schools, which provided education in the mother tongue language of the Tamil community in Malaysia. Similar fate befalls the ethnic Andra, Malayali and Punjabi ethnic schools in Malaysia. No new Tamil schools are built by Government in new townships despite the ethnic Indian population increasing threefold since independence.

Indian students are denied places in Local Universities and higher educational institutions under the quota system which favors the Malays Muslim community which regard themselves as BUMIPUTRAS ( sons of soil) and hence they fill up most places of universities though they do not qualify for the respective courses.

No scholarships grants for education for ethnic Indian community either locally or overseas as provided for the Malay community.
No adequate grant/allocations in the annual budget for the building of new Ethnic Indian Schools or maintenance of those.

INTERNALLY DISPLACED COMMUNITY

The majority Indian community who belonged to the plantation sectors become internally displaced persons when their traditional plantation land is acquired by Government for purposes of development and their very social living lifestyle are disrupted. They are not provided adequate compensation for their contributions for the country’s economy over the last 200 years, not provided new job opportunities, training programs ect. No permanent alternative is given to resolve their housing problems and ultimately they end up as squatters in Urban and remain poor, underclass and neglected. No programs and schemes are introduced to uplift their economic condition as compared to what is done to the Malay community. When their plantation land is taken they lose their land, houses, temples, schools and end up a new poor class neglected society.

UNDOCUMENTED ETHNIC MINORITY MALAYSIAN INDIANS

Despite 50 years of independence, there are thousands of ethnic minority Malaysian Indians left being undocumented, without birth certificates, identity cards, marriage certificates ect. This in effect precludes and excludes them from even the formal primary schooling structure, obtaining licenses to run a business or from securing employment.

PATHETIC MONTHLY WAGES

After 46 years of independence the State has finally capped the monthly salary of the plantation workers at RM 325.00 (USD85.00) and RM 350.00 (USD 92.00) per month for rubber tappers who are mostly ethnic Malaysian Indians.

NO BUSINESS LICENCES/OPPORTUNITIES

Mearge or no business licenses, permits, business loans, opportunities, small businesses, commercial licenses for Malaysian Indians to run businesses resulting in less than 1% Indian participation in the country’s economic wealth.

KG. MEDAN “GENOCIDE”

The genocide by a state sponsored mysterious mob against the innocent and unarmed people of Kg.Medan in 2001 left 100 over killed and / or seriously injured still remains a mystery. The Malaysian Human Rights Commission refused to hold an inquiry while the state refused to hold a royal commission of inquiry. The Courts/Attorney General refused to hold inquests into the deaths contrary to Article 5 of the Federal Constitution and section 339 of the criminal procedure code. Worst still only USD 526 to a maximum of USD 6,578 for some victims being permanently maimed and/or loss of life cases was awarded for the said victims though RM136.8 billion was approved for the 2006 budget.

VICTIMISATION BY POLICE STATE

Indians formed about 60% of suspects shot dead by the police including an 8-month pregnant Indian lady, 60% of innocent people dying in Police custody, lockups and other detention centers.

The above are meant to give you an overview on the situation affecting the ethnic Indian community who has suffered for the last 50 years since Independence.

The Government of Malaysia portrays to the world that Malaysia is a multi racial and multi ethnic society that lives in peace and harmony. Unfortunately peace and harmony in Malaysia means the ethnic Indian community is compelled to remain silent on the atrocities that befall them and should they protest in a peaceful manner the Government takes severe action against them.

The recent attempt by HINDRAF to raise the violations against the Ethnic Indian community was seen as attempt to challenge the Malay Muslim supremacy UMNO led Government and hence our Organization was branded as an extremist organization. HINDRAF organized a peaceful gathering on the 25th November 2007 to submit a petition to Her Majesty The Queen of England and the event saw an unprecedented crowd of more than 100,000 people coming to the streets to protest the marginalization, oppression and suppression they suffered. This was seen as a threat and immediately within days our organization was accused falsely of having links to terrorists organizations.

On the 13th December 2007 5 key leaders of HINDRAF was detained under the draconian Internal Security Act which means detention without trial. This was deliberately done to instill fear onto the ethnic Indian community and to suppress the emerging “new voices of democracy” and to stamp out the democratic Movement.

We have suffered in silence thus far and when finally we came out to voice our dissatisfaction the Government attacked us with tear gas, chemical laced water cannons and baton beatings by the brutal Royal Police Force. Hundreds our peaceful protesters were arrested manhandled, beaten up, thrown into lock ups, humiliated for belonging to the ethnic Indian community, and slapped with trumped up criminal charges of attempted murder and denied bail. The State Attorney General took the trouble to personally attend these cases to show to the whole country how serious they are if their “might” is challenged.

The Malaysian ethnic Indian has no other choice but to seek redress and solutions at the doorsteps of the United Nations. On behalf of all those oppressed suppressed and marginalized ethnic Indian community I formally request that you exercise all powers conferred upon you by this most supreme world democratic organ to appoint a SPECIAL RAPPORTEUR ON THE HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AFFECTING THE ETHNIC MALAYSIAN INDIAN COMMUNITY who are and remain a permanently colonized community in Malaysia.

Thank you

Yours in service


P.Waytha Moorthy
Chairman
HINDRAF

Letter to PM from Uthaya Mother on UKP's urgent medical attention

K.Kalaivaniy
30/1226 Lorong Belatek 7/2
Batu 3 Jalan Rasah
Seremban
Negeri Sembilan
15th April 2008.

Y.A.B. Dato Seri Abdullah Haji Ahmad Badawi
Prime Minister of Malaysia
Putrajaya

Dear YAB,

Re: 5 HINDRAF LEADERS UNJUSTLY DETAINED
P.UTHAYAKUMAR SUFFERS SILENT DEATH IN PERMANENT INCARCERATION.
DENIAL OF MEDICATION AND PREMATURE DISCHARGE A MYSTERY
APPEAL TO RELEASE THE MESSENGERS OF TRUTH.

I am the 64-year-old mother of P.Uthayakumar who now suffers silent death in the lock up of Kamunting Detention Centre Taiping.

On the 8th April 2008 my son who is being detained under the much-criticised Internal Security Act since 13th December 2007 was admitted to the Taiping Hospital for high blood sugar as a result of being denied diabetes medication for more than 1 month. Upon admission his blood sugar level was 18.8 (normal being 6). His protein and uric acid level was also very high.

Upon examination the doctor who treated Uthayakumar had told him that his heart muscles were damaged but needed an Eco cardiogram to confirm this. However due to severe lack of facilities at the Taiping Hospital, he was given 28th of April 2008 for the said tests.

I also verily believe that my son’s other organs especially kidney and liver are equally affected but there is an attempt to cover this up by the Hospital and Prison Authorities. Despite our request the Hospital does not wish to divulge with matters concerning his health on grounds he is a detainee and that they have instructions from the “top” not to reveal anything.

What disheartened me further was the need to prematurely discharge Uthayakumar from hospital 2 days later despite his glucose level at 13.5 and upon discharge he was again deliberately denied his medication for more than 20 hours. To make matters worse he was deliberately served diet with high sugar content despite his objections and compelled to consume the above-mentioned unhealthy food.

My son complains of reduced vision in eyes, weakness and discomfort heart. I am advised and belief he is suffering a silent heart attack as a result of his health condition.

I belief the Prison authorities under “mysterious instructions” are deliberately ignoring his medical needs and diet to accelerate/worsen his medical condition so that he would suffer severe health conditions.

The conducts of prison authorities are scandalous and I have lost confidence on them and the Home Minister who remains silent on the issue.

I fear for the life, safety and health of my son.

I earnestly believe that there is a silent agenda to “inflict” and cause serious harm upon my son, as diabetes is known to be silent killer.

As an old aged mother I can’t bear to see my son silently dying in the prison and make this appeal to you directly to help facilitate the immediate transfer of my son to the National Heart Institute or a private hospital of my choice so that I could help my son undergo his medical needs, treatment and care.

I am not an educated person but from what I have read in the Tamil dailies, you have always assured all Malaysians irrespective of race and religion that you are a caring Prime Minister. My son is silently dying and there appears to be attempt and conspiracy to inflict harm on him.

I appeal to you as a compassionate Prime Minister to immediately instruct the prison authorities to liase with me to facilitate Uthayakumar’s immediate transfer to a private hospital. I am willing to bear the cost of private medical treatment on my son and do not wish to burden the state with unnecessary medical bills.

I also appeal to you Mr. Prime Minister to immediately and unconditionally release all 5 HINDRAF leaders currently detained as they only acted as messengers of truth to bring to your attention the sufferings of the ethnic Indian minority community in Malaysia. It is a known fact that post November 25th has opened up the eyes of Malaysians of all races of the Indian community plight.

I also noted and admired your humbleness when upon severe defeat at the recently concluded elections you had openly admitted your mistakes and had promised to make changes, which actually touched millions of fair-minded hearts in Malaysia. The people on the ground do not believe the Intelligence reports that the 5 are a national threat and I am certainly sure by now you would have obtained independent advise and realise you had been given wrong reports pertaining to the genuine struggle of HINDRAF.

My sons and hundreds of thousands other Malaysian Indians are born post independence and they think Malaysian. As Malaysians, none can blame them for seeking equality, fairness and justice as they rightly feel Malaysian. The country is progressing and so are the people, so let us allow legitimate voices of democracy.

I appeal to you Mr. Prime Minister as a father to this nation to exercise compassion and fairness to all your “children”. The families of the 5 are suffering daily. They shed tears daily unable to explain to their young children why their fathers who spoke the truth are incarcerated. Their young children suffer psychological scars as a result of being denied the love and care of their fathers.

Mr. Prime Minister I beg you to immediately release them on humanitarian grounds and let the whole Malaysia proudly say we have a Prime Minister who is caring, fair and exercises wisdom.

Yours faithfully

K.Kalaivaniy

Police Report against Director of Prison for deliberately denies Medical treatment to Uthaya

Police Report Draft that were made nationwide police station in last 3 days.

On the 8th April 2008 one of HINDRAF legal adviser, Mr P. Uthayakumar who is a detainee held at the Kamunting Detention Centre under the draconian Internal security Act since 13th December 2008 was admitted to the Taiping Hospital for high blood sugar. Upon admission his blood sugar level was 18.8 ( normal being 6). His protein and uric acid level was also very high.

I now lodge this report against the Director of Prisons Kamunting and the Minister for Home Affairs for:
1) deliberately and maliciously over more than a month denied diabetes medication to P.Uthayakumar.
2) prematurely discharged Mr. P.Uthayakumar from Taiping Hospital despite knowing he was still ill, weak and needed medical attention
3) exerting pressure ( I believe) on hospital doctors to discharge P.Uthayakumar despite knowing he was not fit to be discharged.

Upon examination the doctor who treated Mr. P. Uthayakumar believed that his heart muscles were damaged but needed an Eco cardiogram to confirm this. However due to severe lack of facilities at the Hospital, he was given 28th of March 2008 for the said tests.

Upon prematurely being discharged from hospital despite his glucose level at 13.5 he was again deliberately denied his medication for more than 20 hours. To make matters worse he was deliberately served diet with high sugar content despite his objections. He complains of reduced vision in both eyes, weakness and discomfort heart.
I am advised and belief he is suffering a silent heart attack as a result of his health condition.
I belief the Prison authorities are deliberately ignoring his medical needs and diet to accelerate/worsen his medical condition so that he would suffer severe health conditions.

The conduct of prison authorities are scandalous and I have lost confidence on them and the Home Minister.

I fear for the life, safety and health of Mr P.Uthayakumar
I earnestly believe that there is a silent agenda to “inflict” and cause serious harm upon our leader as diabetes are known to be silent killer. We are willing to bear the cost of private medical treatment on Mr P.Uthayakumar and urge the Prison authorities to immediately transfer him to the National Heart Institute (IJN) without delay.

I would hold the Kamunting Prison Director and the Home Minister responsible should anything untoward happen to Mr. P. Uthayakumar.

I now make this report to urge the police to investigate the mysterious circumstances under which Mr P. Uthayakumar was prematurely discharged from Taiping Hospital. This is the second time they had done the same to him.

PS from HAF on Malaysian Indians at US Congressional Briefing

HINDU AMERICAN FOUNDATION
PRESS RELEASE
HAF Advocates for Malaysian Hindus at Congressional Briefing
FOR IMMEDIATE RELEASE
Contact:Ishani Chowdhury
Hindu American Foundation
Director of Public Policy
Office: 301.770.7835
Fax: 301.770.7837
Washington, DC

(April 8, 2008). The Hindu American Foundation Director of Public Policy, Ishani Chowdhury, testified on recent events in Malaysia at a briefing held by the Congressional Task Force on International Religious Freedom (TIRF) today on Capitol Hill. Entitled "Matters of Life and Death in Malaysia: Does the Recent Election Point to a Trend Toward Religious Tolerance?," prominent panelists included Dr. Bridget Welsh, Assistant Professor in the Southeast Asia Studies Program at Johns Hopkins University-SAIS; Angela Wu, International Director with The Becket Fund for Religious Liberty; and Mickey Spiegel, Senior Researcher with the Asia Division at Human Rights Watch.
At the briefing attended by representatives of the U.S. Department of State, staffers of the House Foreign Affairs Committee and the Malaysian Embassy, Chowdhury flayed the Malaysian government on its record of persecution and discrimination of the country's substantial Hindu minority, constituting 7% of the population. "With a 40% minority population, Malaysia needs to include the minority population in dialogue and address grievances such as the violent responses to peaceful protests, judicial onslaughts against faith, and destruction of temples," stated Chowdhury.
As noted in the Foundation's report 'Hindus in South Asia and the Diaspora: A Survey of Human Report: 2006', 76 Hindu temples were demolished, desecrated or forcibly relocated by the Malaysian government. The most prominent case is that of the destruction of the 100-year old Sri Muthu Mariamman temple, which was located on a rubber plantation and home to approximately 1,000 families.
"Hindus also face an socio-economic disadvantage as they are not entitled to benefits under the government's bumiputra program," said Chowdhury. The majority Muslim Malay, viewed as bumiputra or "sons of the soil," benefit from an affirmative action policy that includes discounts on housing, quotas on educational institutions, preference for government jobs, and disproportionate opportunities for economic advancement. "Many Malaysian Hindus have left Malaysia to settle in the United States, as they are unable to gain scholarships or admission to colleges or jobs, despite high academic achievements," she said.
This panel included discussion of the implications of Malaysia's March 8th elections on religious minorities. Although the elections served as watermark of Malaysian democracy, the long-term effects are uncertain. Religious minorities were galvanized during the vote by the government authorized destruction of Hindu and Buddhist temples, and legal decisions that limit their religious freedom rights related to issues of life and death, including marriage, conversion, custody of children, and burial. The election resulted in damaging losses for Prime Minister's Abduallah Badawi's coalition.
"As an economically strong nation with a large minority community, Malaysia has the opportunity to serve as a model of harmony in the Muslim world, with the US benefiting both strategically and economically, " said Chowdhury. "It is in the nation's best interest to work to promote dialogue, repeal the draconian Internal Security Act, which allows indefinite imprisonment without trail, and work with the Hindu community to ensure fairness towards all faith traditions. Otherwise, it may not be too long until we see another country spiral out of control into the contentious and devastating realm of human rights abuse, and religious and racial divide. "

The Hindu American Foundation is a 501(c)(3), non-profit, non-partisan organization promoting the Hindu and American ideals of understanding, tolerance and pluralism.
Contact HAF at 1-301-770-7835 or on the web at www.HAFsite.org.

11/4/08 - The Beckette Foundation & HAF : Unprecedented Briefing at Capitol Hill, USA

The Beckette Foundation & HAF: Unprecedented "Briefing" at Capitol Hill
Fri, 11/04/2008

DEAR HINDRAF SUPPORTERS,
This is unprecedented. HINDRAF'S campaign and lobby with the US State department and its International religious freedom body, The Beckette Foundation and the Hindu American Foundation resulted in A "Briefing" at Capitol Hill on the plight of Malaysian Indians. Our sincere thanks to the Hindu American Foundation for taking up these matters with the US congressmen and lawmakers and finally convincing them to organize a "briefing". we will push forward our agenda.

P. Waytha Moorthy
Chairman
HINDRAF
Currently in London

6/4/08- PS by PWM - HINDRAF is Makkal Sakthi

Brief Statement 6th April 2008.

Re : GROUP CLAIMING TO BE “MAKKAL SAKTI”.

It has been brought to my attention that a group claiming to be registered as “Makkal Sakti” is now operating to recruit members as an alternative to HINDRAF and they claim HINDRAF IS NOW KNOWN AS “MAKKAL SAKTI”.

HINDRAF has been on the forefront to push the idea of People Power “Makkal Sakti”. However this group has been claiming that HINDRAF no longer exists due to government pressure and the new name of HINDRAF is “MAKKAL SAKTI”.

I wish to stress that this is not true and HINDRAF WILL REMAIN SO LONG AS THE PEOPLE WISHES SO.

We cant stop people from misusing the name “MAKKAL SAKTI” but we have to spread the news that these are people who are out to confuse and mislead the people as they now see that a large number of people are attracted to HINDRAF AND MAKKAL SAKTI.


To all our supporters I wish to say that HINDRAF IS MAKKAL SAKTI as we derive our strength from the people. We do not recruit membership nor do we collect subscriptions. So please beware of some segments misusing our name. For clarifications please call our National co ordinator Mr.Tanendran on 019 4105283 or Event co ordinator Mr. Kannan on 012 269 0024.

Thank you

P.Waytha Moorthy
Chairman
HINDRAFCurrently in London

10/4/08 - Letter to ICRC, Geneva on Uthaya's medical treatment denial

HINDRAF

No. 135-3-A, Jalan Toman 7,
Kemayan Square,
70200 Seremban, Negeri Sembilan
Malaysia. Tel: +606-7672995/6
Fax: +6-06-7672997 Email waytha@hotmail.com

The Director
International Committee of The Red Cross
19 Avenue de la paix
CH 1202 Geneva
Fax : + 41 22 733 20 57

10th April 2008

Dear Sir,

Re: HUMAN RIGHTS DEFENDER/PRISONER OF CONSCIENCE DENIED MEDICINE
P.UTHAYAKUMAR FORCED TO BE ADMITTED ON SERIOUS MEDICAL GROUNDS.

I wish to bring to your kind attention the fact that Mr.P.Uthayakumar is a Human rights Defender and a prisoner of Conscience detained by the Malaysian Government without trial since 13th December 2007 for his active involvement (legal advisor) in my movement which advocate the protection of serious violations of Human Rights involving the ethnic minority Indian community in Malaysia.

Mr.P.Uthayakumar is a diabetic and has been for the past 12 years. His medication amongst others includes Glucophage (850mg) and Diamicron.
He was admitted at the Taiping General Hospital,Perak Malaysia on the 8th April 2008 for the below stated reasons:
· sugar level at 18.8 , being three times more than the normal level of 6. This medically, is a dangerous situation and combined with other factors can cause serious harm.
· Protein and Uric acid levels, also very high.
For the past month or so P.Uthayakumar had not been given the above medication although it was prescribed by doctors.
Mr Uthayakumar’s family members had handed the necessary medication to a prison officer Chief Inspector Ayob but they are now told those medicines “went missing”. A report was lodged to the Taiping Prisons director Mr.Yasuhimi but to no avail.
Last Thursday 13/03/2008 Mr.P.Uthayakumar’s lawyer Ms Santha Devi Velusamy handed over his diabetic medication to En. Shaharam a prisons officer but Mr.Uthayakumar never received the same. A request was made in writing to the Prison Director Mr. Yasuhimi on 17/03/2008 and still to no avail. Then on 18/03/2008 Mr Uthayakumar was referred to the prison’s clinic hospital assistant (H.A.) (and not a qualified doctor) who wanted our client to take some other medication. The said H.A. informed our client that the Prisons Director Mr. Yasuhimi refuses to hand over our client’s medication to our client.
P. Uthayakumar being a diabetic is not provided with a diabetic diet. He has no choice but to consume normal meals at the prison. The food prepared at the prison is quite often ‘Malay style’ and contains high sugar. It is a known fact that the Malay community consumes large amount of sugar in their diet.
He had made 6 written attempts to see the Director of Taiping Prison (Kem Tar) , about his much needed medication and diet. However the Director did not reply nor did he make any attempts to see him.
Further, attempts to provide the above medicine to P.Uthayakumar, by his lawyers and family was prohibited by the Prison authorities.
On the family visit to the hospital on 07/04/08, at 9pm, P.Uthayakumar looked very fragile and weak. He was hand-cuffed to the bed despite being very ill. The family were informed that he was not on any particular diabetic diet and was still being given rice and other sugar products for meals.
Mr.P.Uthayakumar was yesterday discharged prematurely despite his blood sugar level being recorded at 13.5. ( normal being 6 ) We believe this was deliberately done upon pressure by the Police and Prison authorities on doctors to discharge him.

Since being discharged and taken to Kamunting prison he was again not given medication for about 20 hours even that upon various complaints made by him.

His diet is still the same and it appears they are still serving him with food which contains high sugar level.


During his stay in Hospital Mr.Uthayakumar was informed by the doctor that there is some damage to his eyesight ( retinopathy) and his heart muscles may have been damaged but that only be confirmed after an ECO cardiogram test which is fixed on 28th April 2008. There is excessive urea and protein in his blood system and his blood pressure is still very high and despite all this he has been discharged.

There is no resident doctor or visiting doctor at the detention centre and in cases of emergency he has to be rushed to Taiping Hospital which is about an hour drive and with no modern medical facilities.

Mr.Uthayakumar’s family wishes he be taken urgently to a reputable Private Hospital on an urgent basis (they are prepared to bear the medical costs) or the Kuala Lumpur General Hospital for immediate treatment and a thorough medical check up be done to asscess his medical condition.

The continous elevated blood sugar level is continuously contributing to worsening his eye condition and the risk of silent heart attack.

This is a serious violations of Mr.Uthayakumar’s right and is deliberately done to exert torture cruel and inhumane punishment on him.
I now write to you to urgently make representations to the Malaysian Government to stop this treatment of the already defenceless Mr.Uthayakumar.
I also urge your esteemed organisation to immediately send a fact finding mission to Malaysia to inquire on his health condition independently and make the necessary recommendations to the Malaysian Government. I also seek an urgent appointment to meet your goodself next week ie the 17th or 18th April at your convenient time.
Your prompt action would be greatly appreciated. Thanking you.

P.Waytha Moorthy
Chairman
HINDRAF + 44 7875653848

PS from WMP on Uthaya's medical condition and report on Prison Dept

Media Statement 08/04/2008
MEDICAL NEGLIGENCE - P.UTHAYAKUMAR
KAMUNTING PRISON DIRECTOR DELIBERATELY REFUSING MEDICATION TO P.UTHAYAKUMAR - ENDANGERING HIS LIFE.

P.Uthayakumar is a diabetic and has been for the past 12 years.
His medication amongst others includes Glucophage (850mg) and Diamicron.
He is now admitted at the Taiping General Hospital,Perak Malaysia for the below stated reasons:
- sugar level at 18.8 , being three times more than the normal level of 6. This medically, is a dangerous situation and combined with other factors can cause serious harm.
- Protein and Uric acid levels, also very high.
For the past month or so P.Uthayakumar had not been given the medication above although it was prescribed by doctors.
P. Uthayakumar being a diabetic is not provided with a diabetic diet. He has no choice but to consume normal meals at the prison. The food prepared at the prison is quite often 'Malay style' and contains sugar.
He had made 6 written attempts to see the Director of Taiping Prison (Kem Tar) , about his much needed medication. However the Director did not reply nor did he make any attempts to see him.
Further, attempts to provide the above medicine to P.Uthayakumar, by his lawyers and family was prohibited by the Prison authorities.
On our visit to the hospital on 07/04/08, at 9pm, P.Uthayakumar looked very fragile and weak. He was hand-cuffed to the bed. We were informed that he was not on any particular diabetic diet and was still being given rice for meals.
We demand from the Director of Prison, Taiping (Kem Tar) and the relevant Government Authorities an explanation as to why P.Uthayakumar was not given his medication despite it being prescribed by the doctors and despite his 6 attempts to see the Director of Prisons.
This is violation of his inherent right for medical treatment.

The above media statement was released at a Press Conference called by Lawyers Surendran and Manohar acting for Mr.P.Uthayakumar and his fiancée Ms Indra at Ms Kumar Hashimah & Co Kuala Lumpur 8.4.08 at 2.00 pm

P.Waytha Moorthy
Chairman
HINDRAF

Pls refer to the link below on the press release by the lawyers and also by Ms Indra
There's" concern for Uthaya's health
http://www.malaysiakini.tv/video/15711.html

09/04/08 - Letter to HCHR, Geneva on Uthaya medical treatment denial

HINDRAF
No. 135-3-A, Jalan Toman 7,
Kemayan Square,
70200 Seremban, Negeri Sembilan
Malaysia. Tel: +606-7672995/6
Fax: +6-06-7672997
Email waytha@hotmail.com

Mr.Manfred Nowak
Special Rapporteur on Torture and other crueal, inhumane or Degrading treatment or Punishment

Office of the High Commissioner for Human Rights
Palais Wilson
52 rue des Pâquis CH-1201
Geneva, Switzerland
Fax No : 00 44 22 917 9006

Dear Sir,

Re: HUMAN RIGHTS DEFENDER/PRISONER OF CONSCIENCE DENIED MEDICINE
P.UTHAYAKUMAR FORCED TO BE ADMITTED ON SERIOUS MEDICAL GROUNDS.

I wish to bring to your kind attention the fact that Mr.P.Uthayakumar is a Human rights Defender and a prisoner of Conscience detained by the Malaysian Government without trial since 13th December 2007 for his active involvement (legal advisor) in my movement which advocate the protection of serious violations of Human Rights involving the ethnic minority Indian community in Malaysia.

Mr.P.Uthayakumar is a diabetic and has been for the past 12 years. His medication amongst others includes Glucophage (850mg) and Diamicron.
He is now admitted at the Taiping General Hospital,Perak Malaysia for the below stated reasons:
· sugar level at 18.8 , being three times more than the normal level of 6. This medically, is a dangerous situation and combined with other factors can cause serious harm.
· Protein and Uric acid levels, also very high.
For the past month or so P.Uthayakumar had not been given the above medication although it was prescribed by doctors.
Mr Uthayakumar’s family members had handed the necessary medication to a prison officer Chief Inspector Ayob but they are now told those medicines “went missing”. A report was lodged to the Taiping Prisons director Mr.Yasuhimi but to no avail.
Last Thursday 13/03/2008 Mr.P.Uthayakumar’s lawyer Ms Santha Devi Velusamy handed over his diabetic medication to En. Shaharam a prisons officer but Mr.Uthayakumar never received the same. A request was made in writing to the Prison Director Mr. Yasuhimi on 17/03/2008 and still to no avail. Then on 18/03/2008 Mr Uthayakumar was referred to the prison’s clinic hospital assistant (H.A.) (and not a qualified doctor) who wanted our client to take some other medication. The said H.A. informed our client that the Prisons Director Mr. Yasuhimi refuses to hand over our client’s medication to our client.
P. Uthayakumar being a diabetic is not provided with a diabetic diet. He has no choice but to consume normal meals at the prison. The food prepared at the prison is quite often ‘Malay style’ and contains high sugar. It is a known fact that the Malay community consumes large amount of sugar in their diet.
He had made 6 written attempts to see the Director of Taiping Prison (Kem Tar) , about his much needed medication and diet. However the Director did not reply nor did he make any attempts to see him.
Further, attempts to provide the above medicine to P.Uthayakumar, by his lawyers and family was prohibited by the Prison authorities.
On the family visit to the hospital on 07/04/08, at 9pm, P.Uthayakumar looked very fragile and weak. He was hand-cuffed to the bed despite being very ill. The family were informed that he was not on any particular diabetic diet and was still being given rice and other sugar products for meals.
This is a serious violations of Mr.Uthayakumar’s right and is deliberately done to exert torture creual and inhumane punishment on him.
I now write to you to urgently make representations to the Malaysian Government to stop this treatment of the already defenceless Mr.Uthayakumar. Your prompt action would be greatly appreciated. Thanking you.

P.Waytha Moorthy
Chairman
HINDRAF + 44 7875653848

Uthaya is been admitted in Taiping GH

BRIEF STATEMENT 7TH APRIL 2008-04-07

RE: P.UTHAYAKUMAR ADMITTED TO TAIPING HOSPITAL.

Mr.P.Uthayakumar has been admitted to Taiping Hospital this afternoon due to low potassium level.

Yesterday when he was met by family members, he complained of feeling weak.

He is now at ward C 4 Taiping Hospital.

Hindraf supporters are planning to hold candle light vigils outside the Hospital today. For further information on the vigil please contact Mr Jayathas at 012 636 2287 or Mr.Siva at 019 4200207.

Thank you.

P.Waytha Moorthy
Chairman
HINDRAF
Currently in london

Message from Uthaya on the mark 100 days detention

Message from P.Uthayakumar

Sunday, 06 April 2008
Mr.P.Uthayakumar had this message to convey to all HINDRAF supporters on the 100th day of ISA arrest and detention. The message was relayed to a close family member and I had prepared his message in a written form to reflect what he himself would have written had he be given the chance.
P.Waytha MoorthyMessage from P.Uthayakumar

100 days under ISA Detention – P.Uthayakumar Hindraf
Today is the 100th day of my arrest and detention under the ISA at Kamunting Prison, Taiping (Kemta).
I woke up early in the morning and only got to see the moon at 7am when the lock up doors were open. We are locked up about for 15 hours a day from 7pm to 7am and from 11.30am to about 2.30pm.
My spirits are manageable thus far. I have never regretted that my struggle has caused me my freedom and being locked up in prison. This is my contribution to the Malaysian Indian struggle which has been cheated by the Government for 50 years. We have remained a permanently colonized community without realizing it all these while. Now that every Malaysian Indian realises this and are willing to struggle for their "freedom" against the oppression of Malaysian Government we have no choise but to continue with the struggle. I am proud to belong to a generation who woke up against the injustices committed by the state.

The biggest satisfaction after being locked up is to see the BN being denied their two thirds majority and 5 states plus F.T.. falling out of the hands of the BN. The UMNO leader who demolished the largestnumber of Hindu Temples ruthlessly, Khir Toyo was punished and so were the other UMNO leaders in their states.

I am regularly informed about HINDRAF's Makkal Sakthi wave and spirit and people praying for us. People getting arrested and beaten up, fighting for our freedom. I offer my prayers to them and their families . I hear of the hundreds of prayer meetings at temples and other gatherings for us. Please continue fighting. We never stood up for our rights over the last 50 years.

Now that we have started, we shall not stop fighting against all forms of racism and religious extremism, equality and equal opportunities for all, especially for the Malaysian Indians.
It doesn't matter how long the Government decides to lock me up but the most crucial point is we must fight and demand for our rights. 50 years of injustices are enough. Lets do it for our future generations.
The struggle goes on.

P.Uthayakumar
Hindraf
Kamunting Prison
Taiping (Kemta)

'Inbame Soolga, Ellorum Vaalga''Tamilan Endru Solladah, Tunintu Elunthu Nilladah''Stand Up For Your Rights.....Its Now Or NEVER!'

MEETING WITH RT.HON. MR. L.K.ADVANI
LEADER OF OPPOSITION PARTY
LOK SABHA NEW DELHI ON 1ST APRIL 2008.

A meeting between the leader of Malaysia’s HINDRAF, an ethnic minority Rights Movement from Malaysia took place today at the Rt.Hon. Leader of opposition’s residence at No 30 Prithvi Raj Road New Delhi at 7.00 pm.

The meeting lasted for about 50 minutes.

Among matters discussed are as follows:

a) Detention without trial of 5 HINDRAF leaders detained under the Internal Security Act for advocating the rights of ethnic minority Indians in Malaysia.
b) Plight of ethnic minority Indian community who have been oppressed suppressed marginalized and remain a permanently colonized community.
c) Possibility of raising a motion in the Lok Sabha on the above issues.
d) Possibility of exerting economic pressure on Malaysia.
e) Possibility of sending a high powered delegation to make personal representations to the Malaysian Government.
f) Hindraf’s International campaign and its progress.
g) Future plans of HINDRAF.

Mr. Advani was also briefed on the condition of the 5 political prisoners and the sufferings of their family members. He showed particular concern to the medical condition of Mr. R. Kengadharan.

Mr.Advani was also surprised with the treatment and plight of the ethnic minority Malaysian Indians and the violations of their human rights. He was sympathetic and deeply disturbed with the situation and assured HINDRAF that he would do everything necessary to bring the matter up with the Indian Prime Minister.




P.Waytha Moorthy
Chairman
HINDRAF.
Currently in New Delhi