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Hindraf 5 ISA detainees hunger strike

January 10th, 2008
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Hindraf 5 to go on hunger strike
http://malaysiakini.com/news/76905
Soon Li Tsin | Jan 10, 08 2:09pm

The five Hindu Rights Action Force (Hindraf) leaders held under the Internal Security Act (ISA) will go on a hunger strike beginning Jan 20. 

P Uthayakumar, R Kenghadharan, M Manoharan, V Ganabathirau and T Vasanthakumar are currently being held at the Kamunting detention centre in Perak.

Their lawyer M Kulasegaran said today the hunger strike is to protest against their unlawful detention without trial.

The strike, which will last for five days, will commence at 7.30am on Jan 20 and end at 7.00pm on Jan 25.

According to Kulasegaran, the five are also urging Malaysians to join them in the protest fast.

“They strongly urged Malaysians especially the Indian community to join them in the fast to protest the unlawful detention without just cause and fair trial which is a serious violation of fundamental human liberties.

“The five leaders informed me that they totally reject the reasons given to detain them as simplistic, frivolous and vexatious,” he said.

‘Not too bad’

On their condition, Kulasegaran said the five are doing ‘not too bad’ but Kenghadharan – who is a vegetarian – is having trouble with the food being provided.

This is not the first hunger strike held over their arbitrary arrest. Late last year, Singaporean artist Seelan Palay, 23, consumed only water for five days – one day for each detained member – outside the Malaysian High Commission.

The Hindraf leaders gained fame when they organised a protest that saw 30,000 people hit the streets of Kuala Lumpur on Nov 25 last year.

This was followed by the movement’s leaders and supporters being charged for a slew of offences including sedition, causing mischief and attending an illegal assembly.

On Dec 13 last year, the five leaders were arrested under the ISA – a move anticipated by many after the government linked the movement to overseas terrorist groups.

Meanwhile, the alleged terrorism charges against the five will be heard by the ISA advisory board on Jan 14 at the detention centre.

“The advisory board will conduct a hearing on the allegation (of terrorism activities) against them. It’s a closed door hearing but the five will be represented by their lawyers,” Kulasegaran added.

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hindraf and war of roses

January 7th, 2008
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However, it is expected that the police will declare the gathering of 10,000 illegal – with or without roses.

without doubt, it will be not given a permit. national security, traffic congestion, application must be made by organisation, thugs may cause violence etc. will be the reasons. Valid reasons of course. if many policemen and FRUs are assigned to parliment, lack of security may increase criminal activities in other places; traffic jam due to roadblock and road closures; Hindraf is not registered organisation; anyone can join the crowd and cause mayhem.

anyway, i suppose being a non-working day and the parliment not in session yet, PM or his representative won't be around. Probably the organisers can ask everyone to pass by and leave the flowers there between 7am and 2pm or so. this will reduce the probability of traffic jam and violence instigated by other people. just put some large baskets to put the flowers in. later the Parliment police can easily dispose of it, or even resell it to the florists. make some side money la…

anyway, looking at the current support for hindraf, i think there will be much more than 10000 people wanting to give PM a rose. 20K? 30K? 40K?

Hindraf declares war… of roses
http://malaysiakini.com/news/76787
Syed Jaymal Zahiid | Jan 7, 08 7:18pm

Its leaders have been demonised and detained, its supporters labeled as misguided, and its grievances dismissed as ‘extreme’.

So what does Hindu Rights Action Force (Hindraf) have up its sleeves to make known its plight and that of the Indian community?

Roses. Lots and lots of them. And for whom? Prime Minister Abdullah Ahmad Badawi. 

In a statement from London today, Hindraf chairperson P Waythamoorthy said 10,000 Indians bearing red and yellow roses will converge in February at the Parliament House in Kuala Lumpur to petition Abdullah on issues affecting the Indian community.

Red roses to signify the ‘love and peace’ with which Hindraf brings its message, yellow roses to signify the demand for justice for five of Hindraf’s leaders – including Waytha’s brother Uthayakumar – who are currently held under the Internal Security Act (ISA).

Waythamoorthy said the yellow roses also symbolise the ‘cry for justice’ emanating from the Indian community on the whole that ‘has been neglected for the last 50 years’.

Abdullah, as internal security minister, had signed the orders for the detention of the ‘Hindraf 5' under the ISA – which provides for detention without trial. They were accused of being a threat to national security.

‘The heart bleeds’

Waythamoorthy said Hindraf aims to unleash its ‘flower power’ and bring its message of love, peace and justice in conjunction with Valentine’s Day.

However, the roses for Abdullah will only be delivered two days later on Feb 16.

‘The heart of the Indian community bleeds on the incarceration of their leaders under the ISA. It is hoped by accepting the roses, the prime minister would be compassionate and understand the needs of the Indian community,” said Waythamoorthy.

Requesting Abdullah to “make himself available” to the petitioners, Waythamoorthy said Hindraf hopes the prime minister would be more compassionate.

“It is hoped that by accepting the roses, the prime minister would be compassionate and understand the needs of the Indian community,” he said.

However, it is expected that the police will declare the gathering of 10,000 illegal – with or without roses.

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hunger strike ends in singapore

January 5th, 2008
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Artist ends hunger strike for Hindraf 5
AFP | Jan 5, 08 11:34am

A Singaporean artist today said he had ended a five-day hunger strike in support of five Hindu Rights Action Force activists detained under tough Internal Security Act.

"I'm finished," Seelan Palay told AFP by phone from outside the Malaysian High Commission, where he had been fasting since Monday.

Palay, 23, said he planned the fast to last exactly five days – one day for each detained member from Hindraf.

The five – P Uthayakumar, M Manoharan, R Kenghadharan, V Ganabatirau and T Vasanthakumar – have been detained under the Internal Security Act last December for allegedly being a threat to the national security. They have been detained for two years at the Kamunting Detention Centre.

They were detained after they enraged the government in November by mounting a mass rally alleging discrimination against ethnic Indians in Malaysia, where the majority are ethnic Malay Muslims.

Police used tear gas, water cannon and baton charges to break up the street protest by at least 8,000 people, including Palay, a member of Singapore's ethnic Indian minority.

"I feel that this is a sign of solidarity," he said. "It brings the issue back into light."

Palay said about 35 people, mostly Malaysians, had helped him mark the end of his protest, saying his hunger strike could inspire others to take further action.

"I'm feeling fine," he said Saturday before eating anything. "I don't have the craving for anything yet."

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media statement by waytha on AP interview

January 5th, 2008
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Waytha Moorthy's Press Statement (not published by local dailies in Malaysia, but widely distributed in the biggest newspaper in the world – the Internet email system)
  
(Email details deleted.)                                                                                                                                                                                                                                                          From: waytha moorthy <waytha@...> To:Subject: HINDRAF STRUGGLE TO CONTINUE- PRESS STATEMENT 3.1.08 Date: Fri, 4 Jan 2008 03:15:26 +0800
MEDIA STATEMENT BY HINDRAF
 
 
RE: HINDRAF’S PEACEFUL STRUGGLE FOR THE RIGHTS OF THE MINORITY INDIANS WILL CONTINUE TO THE END
HINDRAF WILL NOT GIVE UP EVEN IF WE ARE FIGHTING A LOSING BATTLE.
MY STATEMENT TO AP TAKEN OUT OF CONTEXT
 
On the 30th December 2007 I was interviewed by a journalist from the AP who had spent about 1 ½ hours interviewing me. I am equally disappointed that a small portion of the interview had been blown out of proportion to mean I am giving up the struggle of Hindraf or that the struggle is likely to die soon.
 
I wish to clarify the following:
a) I will continue to lead HINDRAF even if I’m on the move throughout the world.
b) HINDRAF’s struggle will not die “soon”  as I have many plans lined up and will reveal to the Malaysian Indians in stages and with the support of  PEOPLE POWER which we are witnessing now we will together continue to advocate and assert the rights of the Minority Indian community.
c) I will do all possible within my means to lobby support from the British Government Parliamentarians and Human Rights Organizations and these include our demand that the 5 Leaders of Hindraf be released unconditionally and the Minority Indian Rights which has been neglected over the last 50 years be protected. Thereafter I plan to continue the lobby to Europe, United Nations in Geneva, America, Canada, Australia and New Zealand.
 
d) HINDRAF would also be organizing various peaceful protests throughout the country to highlight the plight of the 70% poor underclass Malaysian Indian society and for the release of the 5 Leaders of which I would announce the first plan on Monday 7th January 2008.
 
e)      In the interview I was questioned what if after years (5-10years) of campaigning and lobbying the Government still doesn’t budge?
My answer was even if we are fighting a losing battle we will continue with the battle because not all battles are meant to be won. Great warriors do not worry about dying in the battlefield. If we are meant to loose we will loose so that someone else who take up the cause after us will win the war. If we loose after years of campaigning so be it we will call it a day. No one organization (including HINDRAF) can ever claim we are here forever and will continue forever. Nothing is permanent in this world and it also applies to HINDRAF.
 
PEOPLE POWER can continue with the struggle but the ultimate power lies in the Government. In Malaysia Indians are minority and the reality is we can’t form a Government to change the situation. So the responsibility lies in this Government to make the necessary changes in the interest of the minority Indian community.
 
 
f)        In the said interview I repeated my statement which was given to the AFP about 2 years ago when I commented on the issue of temple demolition. I had then said that (on the issue of temple demolition) eventually we too would fail the community but I fear the outcome after that. “At the moment devotees are crying and begging but eventually they would not plead and cry any more”.
 
My fear which I had highlighted about 2 years ago came true when we all saw what happened at Padang Jawa Temple demolition. Devotees who were for the first time protecting the temple with their bare hands and yet the authorities had violently attacked them and though devotees were injured in the attempt they were arrested and charged with criminal offences.
I again wish to reiterate my fear. The Government has successfully locked up voices of peaceful struggle for democratic rights and dissent. People have no one they can trust to lead them as they are all locked up. All their hundreds of appeals, memorandums and letters to the Prime Minister written on their behalf by these leaders have gone to waste bins. What can you expect them to do next? These are poor people who are not educated to articulate their grievances in a refined manner. In these circumstances I honestly feel our “chapter” (HINDRAF’S peaceful struggle) has been forcibly closed by the Government and so they must expect a new chapter to be opened but we are not part of that chapter. If a new undesirable chapter is opened in the history of Malaysia then we hold the Government solely responsible for they have killed legitimate voices of dissent and peaceful democratic struggle by HINDRAF.
 
g)      I was also quoted to have said the following, “…..if they can give us real concessions we are willing to keep our mouth shut I don’t look at myself as a sacrifier”.
 
1 ½ years ago I was interviewed by members of the Police Special Branch who had wanted to know my intentions of leading HINDRAF and my activities. Everyone would know that at that time HINDRAF was practically dealing on issues of Religious conversions (Article 121 1(A)) and Temple demolitions. Yes I did tell the Special Branch then  that if the Government resolves at least the temple demolition issue and permanently gazettes all temples existing prior to independence I will “keep  my mouth shut” and leave the public scene.
 
h)      I will never regret for initiating HINDRAF and leading it to its current struggle. The Malaysian Indians have been cheated by the UMNO led Government over the last 50 years using “coalition” Indian political parties to pacify the Indian community whenever they complain their rights are trampled upon. The UMNO Government’s “divide and rule” policy seemed to have succeeded but not any longer. The Indian community can no longer be cheated
 
But my heart goes to the 5 HINDRAF leaders who have been made scapegoats by the Government. The irony is even our legal advisers namely Mr.R.Kengadharan and Mr. M. Manoharan who were purely acting for HINDRAF as legal advisers were not spared. They were both vigorously and couragesly defending us when various sedition and criminal charges were levelled against us. Their incarceration in particular are not acceptable for it goes against all tenets of basic Human Rights to detain lawyers who defend their clients. It proves the Government is vindictive and malicious and had intended to warn would be advocates of HINDRAF to “stay away” from representing us.
 
 
P.Waytha Moorthy
Hounslow
Middlesex
 
As i mentioned earlier, NST took the news from Deccan Chronicles which in turn refered to AP's interview, which came out in IHT. Confused?
 
Read what Waytha's immediate response was, and also the articles written by NST and Star at:
 
Article by MK is below.
 
'I'm not giving up Hindraf struggle'
Yoges Palaniappan | Jan 4, 08 12:57pm
Hindu Rights Action Force (Hindraf) chairperson P Waythamoorthy, who is currently in United Kingdom, has claimed that he was misquoted in an interview conducted by the Associated Press (AP) on Dec 30.

In a statement released from Hounslow, London today, Waythamoorthy said his comments to AP was "taken out of context".

"I am disappointed that a small portion of the interview had been blown out of proportion to mean I am giving up the struggle of Hindraf or that struggle is likely to die soon," he said.

In the interview which was widely published both locally and in international media, Waythamoorthy was quoted as saying, among others, that Hindraf has to close the chapter and that it would not be part of the next chapter if there is any.

Clarifying today, Waythamoorthy said: "The government has successfully locked up voices of peaceful struggle for democratic rights and dissent.

"People have no one they can trust to lead them as they are all locked up. All their hundreds of appeals, memorandums and letters to the prime minister written on their behalf by these leaders have gone to waste bins. What can you expect them to do next?

"These are poor people who are not educated to articulate their grievances in a refined manner. In these circumstances I honestly feel our "chapter" (Hindraf's peaceful struggle) has been forcibly closed by the government and so they must expect a new chapter to be opened," he said.

However, he added, if a "new undesirable chapter" is opened in the history of Malaysia, the organisation would hold the government solely responsible for they have killed legitimate voices of dissent and peaceful democratic struggle.

The government's responsibility

He said that he was also asked in the AP interview on Hindraf's position if the government failed to make any changes even after five to 10 years of campaigning.

"My answer was even if we are fighting a losing battle, we will continue with the battle because not all battles are meant to be won.

"If we lose after years of campaigning so be it, we will call it a day. No one organisation (including Hindraf) can ever claim we are here forever and will continue forever. Nothing is permanent in this world and it also applies to Hindraf," he said.

He added that it was the responsibility of the government to make the necessary changes in the interest of the minority Indian community.

"People power can continue with the struggle but the ultimate power lies in the government. In Malaysia, Indians are minority and the reality is we can't form a government to change the situation," he added.

He also said that he was misquoted when he told the interviewer that he would keep his mouth shut if the government agrees to give them (Indians) two or three real concessions and that he did not look at him as a sacrificer.

He explained that was what he had told a police special branch officer who interviewed him one and a half years ago that he would "keep his mouth shut" and leave the public scene if the government resolved at least the temple demolition issue and permanently gazetted all temples existing prior to independence.

"Everyone would know that at that time Hindraf was practically dealing on issues of religious conversions and temple demolitions," he said in his statement today.

Struggle to continue

He reiterated that he will continue to lead Hindraf even if he was on the move throughout the world.

He stressed that Hindraf's struggle will not "die soon" as reported in the AP article.

"I have many plans lined up and will reveal to the Malaysian Indians in stages and with the support of people power which we are witnessing now we will together continue to advocate and assert the rights of the minority Indian community," he said.

"I will do all possible within my means to lobby support from the British government parliamentarians and human rights organisations and these include our demand that the five Hindraf leaders be released unconditionally."

"Thereafter I plan to continue the lobby to Europe, United Nations in Geneva, America, Canada, Australia and New Zealand," he said.

In his statement, Waythamoorthy said that he "will never regret for initiating Hindraf and leading it to its current struggle".

"The Malaysian Indians have been cheated by the Umno-led government over the last 50 years using coalition Indian political parties to pacify the Indian community whenever they complain their rights are trampled upon.

"The government's divide-and-rule policy seemed to have succeeded but not any longer. The Indian community can no longer be cheated," he said.

Peaceful protests
He also said that he felt sad for the five Hindraf leaders who have been made scapegoats by the government.

The five – P Uthayakumar, M Manoharan, R Kenghadharan, V Ganabatirau and T Vasanthakumar – have been detained under the Internal Security Act last December for allegedly being a threat to the national security. They have been detained for two years at the Kamunting Detention Centre.

"The irony is even our legal advisers Kenghadharan and Manoharan who were purely acting for Hindraf as legal advisers were not spared. They were both vigorously and couragesly defending us when various sedition and criminal charges were levelled against us," said Waythamoorthy.

He also said that Hindraf would be organising various peaceful protests throughout the country to highlight the plight of the underclass Indian society and for the release of the five Hindraf leaders.

He said he would be announcing his next step of action next week.

AP interview excerpts

Some excerpts from Waythamoorthy's AP interview :

"We are fighting a losing battle, we know. We try our level best but if we don't succeed, we have to call it a day, isn't it?"

"We have to close the chapter. There may be a new chapter, but we may not be part of the next chapter… I know, eventually we will also fail."

"We want the minority Indians to be given their basic rights If they can give us two or three (real concessions), we are willing to keep our mouth shut."

"That's what I don't understand: why isn't the government conceding? We are not asking for super rights, we are asking for basic rights."

"What we can, we will still do. But if the whole struggle is going to die, what can we do?… As it stands now I don't think we can accelerate."

 
 

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uthaya sues govt over links with terrorists

January 5th, 2008
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I doubt this case will see the light of the day.
 

THE STAR: Uthayakumar files RM 100mil suit against Govt

source

KUALA LUMPUR: Hindu Rights Action Force legal advisor P. Uthayakumar has filed a RM100mil defamation suit against the Government and its two high-ranking officers for allegedly linking him with terrorist groups.  The lawyer, who is currently being detained under the Internal security Act (ISA) at the Kamunting detention centre, named IGP Tan Sri Musa Hassan and Attorney General Tan Sri Abdul Gani Patail as defendants. 

Uthayakumar said both had falsely and maliciously caused to be written and published defamatory words about him and that the allegation of him having terrorist links were "fabricated and politically motivated."  He claimed the defendants made the allegations more than 10 days after a massive peaceful gathering on Nov 25 last year that was organised by Hindraf.  He said that it was an attempt to destroy his credibility and reputation. 

He filed a writ of summons and a statement of claim through his lawyers M. Manogar and N. Surendran at the High Court civil registry at 9.11am Friday.  Also present is Uthayakumar’s fiancee, S. Indra Devi, 37, and his supporters. 

In the statement of claim, he stated that the words used by the defendants that were published by the media had the meaning that he was a terrorist.  Uthayakumar said the said words also meant that he intended to use violent means to achieve his objectives adding that among others, the said words also meant that he was an immoral person and that he was not a law-abiding citizen.  He said the publication of said words had brought him into public scandal, odium and contempt and has suffered serious damage, both in Malaysia and throughout the world. 

The defendants, he said, had failed to produce any evidence whatsoever to substantiate their allegation of terrorism.  He stated that the act of irresponsibility, bad faith and mendacity on the part of defendants entitled for him to get aggravated and exemplary damages.  Uthayakumar is asking the High Court to give him an injunction to restrain Musa and Gani or their agents from further publishing or causing to be published any similar libel upon him.  He is claiming for RM100mil in damages for libel and other costs and relief deemed fit by the court. 

 

NST:Uthayakumar files RM100 million suit agains govt and police
BERNAMA
 
KUALA LUMPUR, Fri:

Lawyer P. Uthayakumar filed a RM100 million defamation suit against the Inspector-General of Police, the Attorney-General and the government today for linking him with a terrorist group based in Sri Lanka.

Uthayakumar, 46, filed the suit at the Civil High Court registry through Messrs Manogar & Co. He named IGP Tan Sri Musa Hassan as first defendant and AG Tan Sri Abdul Gani Patail and the government as second and third defendants. Uthayakumar is seeking aggravated damages, exemplary damages, an injunction to restrain the IGP and AG or their agents or servants from further publishing or causing to be published the said or any similar libel, costs and other reliefs deemed fit by the court.
In his statement of claim, he said that media statements by Musa that a group, which he had been acting for as legal adviser, had links with a terrorist group were widely reported in all the major local dailies in the country. He claimed that this had destroyed his credibility and reputation. He claimed that Musa’s statements had portrayed him as a terrorist and that he had intent to use violence to achieve his objectives in overthrowing the government. He said he decided to file the suit after all the defendants failed to respond to his letter dated on Dec 12 last year, demanding that they retract all the allegations and apologise to him.
Uthayakumar was arrested under the Internal Security Act (ISA) on Dec 13 with four others — M. Manoharan, 46, V. Ganabatirau, 34, T. Vasanthakumar, 34, and R. Kenghadharan, 40, — for alleged involvement in organising illegal gatherings in the city centre on Nov 25 and for alleged sedition. — BERNAMA
 

Terror link: Uthaya slaps gov’t with RM100m suit
http://www.malaysiakini.com/news/76669
Jan 4, 08 3:53pm
Hindu Rights Action Force legal adviser P Uthayakumar, presently under a two-year detention under the Internal Security Act, today filed a RM100 million defamation suit against the government for linking him with a terrorist group.

In the suit which was filed at the Kuala Lumpur High Court registry in Jalan Duta, Uthayakumar also named Inspector-General of Police Musa Hassan, Attorney-General Abdul Gani Patail as the other two defendants.

He claimed that he had been defamed by being linked to the Liberation Tigers of Tamil Eelam (LTTE) which is seeking a separate state in Sri Lanka. The United Nations had declared the LTTE as a terrorist group.

The suit was filed by Uthayakumar’s counsel M Manogar.

“Both the police chief and the attorney general have gone on record to announce that Uthayakumar is a threat to national security because of his links with terrorist organisations.

“Where is the evidence? If there is any evidence, charge Uthayakumar in the open court. Uthayakumar is claiming RM100 million for defamation,” Manogar told AFP.

Uthayakumar, 46, is seeking aggravated damages, exemplary damages, an injunction to restrain the IGP and AG or their agents or servants from further publishing or causing to be published the said or any similar libel, costs and other reliefs deemed fit by the court.

In his statement of claim, he said that media statements by Musa that Hindraf had links with the terrorist group were widely reported in all the major local dailies in the country. He claimed that this had destroyed his credibility and reputation.

He claimed that Musa’s statements had portrayed him as a terrorist and that he had intent to use violence to achieve his objectives in overthrowing the government.

He said he decided to file the suit after all the defendants failed to respond to his letter dated on Dec 12 last year, demanding that they retract all the allegations and apologise to him.

Seeking support and help

On Dec 6, Musa issued a press statement stating that Hindraf was trying to solicit help and support from terrorist groups.

“Of late there have been indications that Hindraf is trying to seek support and help from terrorist groups,” Musa had said.

A day earlier Abdul Gani, while rejecting bail 31 Hindraf supporters who were charged for illegal assembly and attempted murder, had similarly alleged that Hindraf had links with the Tamil separatist movement LTTE.

Uthayakumar had vehemently rejected these claims then.

“Let me repeat this. We are definitely not trying to get help or support from any terrorist groups,” he had said.

Uthayakumar was arrested under the ISA on Dec 13 with four others – M Manoharan, 46, V Ganabatirau, 34, K Vasantha Kumar and R Kenghadharan, 40, – for allegedly being a threat to the security by involving in organising illegal gatherings and for alleged sedition.

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