UTHAYAKUMAR’S MESSAGE FROM KAMUNTING PRISON

First year Anniversary of the HINDRAF People Power Makkal Sakthi fell on the 25/11/08 in a small but meaningful way. After a series of nationwide roadshows in September- November 2007 we have succeeded in awakening the Indians out of their fear of violence by UMNO as in the 13^th May 1969 or the Kg. Medan violence. Our estimate was that about 100,000 over Indians had braved the whole Government machinery and threats of arrest and even rumours of a shooting order to attend the HINDRAF rally on the 25^th of November 2007. The Chief Police Officer of Selangor had on the TV1 news at 7.00 am on 26.11.08 acknowledged that 300,000 had turned up on the 25^th November 2007 HINDRAF rally. To all of you who had attended this rally, be proud that you were actually part of that historic rally which may never happen again in that magnititude during our lifetime.

The 13^th day of December 2008 marked my and the other Hindraf lawyers first dark anniversary of detention without trial under the draconian ISA at the Kemta Prison, Taiping for a period of two years and continuing indefinitely thereafter. There are ISA prisoners here serving their 7th year of their 8 years of detention after the initial two-year detention order. But I have no regrets. I fought for a just cause so that UMNO would stop all acts of bully especially against the poor and underprivileged Indians in Malaysia, so that UMNO would accede to HINDRAF’s 18 Point demands submitted to PM Abdullah Badawi on 12^th August 2007 in effect asking UMNO not to segregate and exclude the Indians from the mainstream National Development of Malaysia.

For example in the RM230 Billion Mid term review of the Ninth Malaysia Plan and the 2009 National Budget, there was Zero allocation for the Indians.

At Kemta Prison I read and write for about 12 to 13 hours every day. The food is pale and stale. Every one hour the Prison Guards “WATCH OVER ME” and record their diaries accordingly. Otherwise prison life is a routine where nightfall follows daylight and daylight waiting for nightfall. Prison life is a predictable routine. My mother, fiancée, sisters, children and family visit every week without fail is the highlight. I get to sleep on a one-inch thin mattress on the cement floor and this has caused in me suffering lumbar spondalysis and arthritis. I can no longer even jog slowly after this one year. I cannot squat without pain in my knees and backbone.

I have after my incarceration been diagnosed to be a heart patient and a high blood pressure patient. My heart condition has been described as hyper kinetic and I am given to understand by my “outside” doctor friends that I may have suffered a silent heart attack. I also suffer from two kinds of skin diseases as a result of allergy and idiopathic gutted hypomela. My pre existing diabetes has got worse especially when I was denied my diabetic medication. The Police Special Branch and the Kemta prison authorities have interfered with the Taiping General Hospital doctors and specialists so much so that their professionalism had been compromised. In my 16 years as legal practitioner I have seen especially my clients’ death in Police custody and Police abuse medical reports and post mortem reports been compromised by the medical Specialists and Government Hospital Doctors. Now as a detainee myself I am suffering from the same fate as my clients. From August 2008 onwards I have refused all medical treatment by the Government Hospitals, as I no longer have confidence in them treating me independently of the Police Special Branch interference. But I know in my heart that these very same Government doctors would give me the best treatment should I visit them “minus my handcuffs”, better and more reliable medical care than even the “profit motivated” private hospitals.

When I complained to the Kuala Lumpur High Court that the said doctors and prison authorities had “compromised” my medical records and that my hypo kinetic heart condition and the lumbar spondalysis was kept away from my knowledge until I found out very much later from some other sympathetic Hospital staff and subsequently agreed to by the said doctors. I also complained to the High Court that the hospital authorities and the prison and Police Special Branch and Home Ministry authorities had refused to exhibit my medical reports. I had created a doubt but the benefit of the doubt was not given to me and neither was I given the opportunity to appear before the Learned Judge to be heard and the Judge had turned down my application and dismissed my application to be set free to be able to receive independent medical treatment. On hearing this my “predicament” the Malaysian Human Rights Commission (SUHAKAM) without being prompted rushed to hold an “inquiry” which was held behind closed doors at Kemta prison, met all the Hospital, prison, Special Branch, Doctors and everybody else except myself the victim and cleared the Malaysian Government authorities and spoke on my behalf that I was happy with the treatment and medication given to me without even getting evidence from me. The said “inquiry” was concluded within 3 hours and the Human Rights Commissioners held a Press conference the next day to reveal their “findings”. But this is what you have for Malaysia- A Human Rights Commission which is the servant and slave of the ruling UMNO Government.

But I have no regrets and am prepared for the worst in this ISA detention slapped on me. When I started the struggle 16 years ago I always had at the back of my mind that I could one day be detained under the ISA but hoped that it wouldn’t happen.

In every People Power struggle, sacrifices have to be made. This ISA detention is my part of contribution to this sacred struggle.

I am happy to hear and read that the People Power Makkal Sakthi peaceful struggle is still going on strong. There may be ups and downs and many frustrating and demoralising moments especially when we are up against the might of the whole UMNO controlled Malaysian State machinery. I am happy to note that this my incarceration and that of the other Hindraf lawyers has moved, spurred, encouraged and further fuelled thousands of especially Malaysian Indians to stand up against UMNO’s atrocities.

What keeps me going in prison is knowing that you people out there are continuing with the struggle in your own ways. Hundreds of HINDRAF supporters have been arrested, jailed and beaten up by the police when campaigning for our release and the People Power Movement. Many have lost their jobs, promotions, bonuses some demoted. At least one Indian man died of a heart attack on 25^th November 2007 when he was believed to be attacked by the Police tear gas.

Our single biggest success as of date is that the Hindu temple demolishment at the rate of one Hindu temple every week being demolished (Tamil Nesan 30/10/08 at pg 3) has stopped at least for the moment. The critical Indian problems has now got National attention though none of which has been seriously addressed by UMNO as they seem to be stuck by their racist and religious extremist and supremacist mindset.

HINDRAF Chairman P.Waytha Moorthy has succeeded in internationalising the critical Indian issues from London to Europe, United States and the Western World.

I take it that every day of my incarceration will keep the spotlight on the critical Indian problems in Malaysia both locally and internationally.

I had decided to “go for broke” because I very strongly believe in the cause I am fighting for and I have no regrets. UMNO will not change. We will have to rid UMNO in the 2012 / 2013 general elections.

LONG LIVE PEOPLE POWER MAKKAL SAKTHI.

MAY THE NEW YEAR BRING A NEW ERA IN OUR STRUGGLE TO BE FREED FROM THE CLUTCHES OF OPPRESSION AND SUPPRESSION OF THE UMNO LED GOVERNMENT. MAY ALL OF YOU LIVE IN PEACE AND HARMONY AND ENJOY A PROSPEROUS BRIGHTER NEW YEAR WITH YOUR FAMILIES AND LOVED ONES.

GOD BLESS YOU ALL.

P.Uthayakumar
KEMTA PRISON
Taiping Perak.
01.01.09