URGENT ACTION APPEAL

- From Amnesty International USA

23 April 2008
UA 105/08 - Detention without trial/ Health concern
MALAYSIA    Ponnusamy Uthayakumar (m), lawyer, aged 46

Ponnusamy Uthayakumar, also known as P. Uthayakumar has been held without trial since 13 December 2007. On 8 April 2008, he was hospitalized due to a worsening diabetic condition. After several days, during which he was handcuffed to his hospital bed, he was prematurely discharged and returned to Kamunting Detention Centre where he currently remains. His health continues to deteriorate as he is being denied essential medical care.

P. Uthayakumar was admitted to the Taiping General Hospital following a dangerous rise in his blood sugar levels, as well as an increase in protein and uric acid levels in his blood, which indicate kidney damage and risk of kidney failure. The doctor who treated him suspected damage to his eyesight (retinopathy) and to his heart muscle. This diagnosis can only be confirmed after an echocardiogram test, in which ultrasound is used to examine the heart. The test was arranged for 28 April by the hospital.

P. Uthayakumar is a legal advisor to the Hindu Rights Action Force (HINDRAF). He was arrested along with four other HINDRAF officials under the International Security Act (ISA) after they organized a mass rally to call for the rights of ethnic Indians in Malaysia. The authorities declared the five to be a threat to national security and allege that they have contacts with terrorist organizations. P.  Uthayakumar has reportedly been detained for seditious speech and organizing illegal assemblies. The ISA allows for detention without trial for up to two years.

Prior to his hospitalization, P. Uthayakumar was not provided with a diabetic diet in detention and had to eat meals which contributed to high blood sugar levels. He was also refused access to his medication for a month, despite several attempts by his lawyer and family to ensure that he received it during the month of March. Their letters of complaints to the Prison Director at the failure of prison officials to pass on medication have so far received no response.

P. Uthayakumar is currently at the Kamunting detention centre where his condition is reportedly worsening due to his unsuitable diet and lack of appropriate medication.  Denying him proper diet and medication is not only cruel and inhumane treatment but is also life threatening.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- expressing concern at the lack of due care P. Uthayakumar received at the Kamunting detention centre despite the range of diagnosed medical illnesses he suffers from;
- calling for him to be granted immediate specialist medical treatment of his choice and access to appropriate medication;
- asking for him to be released immediately and unconditionally unless he is to be charged with a recognizably criminal offense.

APPEALS TO:
Prime Minister
Datuk Seri Abdullah Haji Ahmad Badawi
Prime Minister’s Department
Federal Government Administration Centre Bangunan Perdana Putra
62502 Putrajaya
MALAYSIA
E-mail: ppm@pmo.gov.my
Fax: 011 60 3 8888 3721

Salutation: Dear Prime Minister

COPIES TO:

Inspector General of Police
Musa Hassam
Ketua Polis Negara
Ibupejabat Polis Diraja Malaysia
Bukit Aman
50502 Kuala Lumpur
MALAYSIA
Fax: 011 60 3 2273 1326
011 60 3 2272 2710
Email: rmp@rmp.gov.my

Attorney General
Abdul Gani Patail
The Attorney General’s Office
Level 8, Block C3, Parcel C
Federal Government Administrative Centre
62512 Putrajaya
MALAYSIA
Fax: 011 603 8888 937

Ambassador Datuk Dr. Rajmah Hussain
Embassy of Malaysia
3516 International Court, NW
Washington DC 20008
Fax: 1 202 572 9882
Email : malwashdc@kln.gov.my

PLEASE SEND APPEALS IMMEDIATELY.

Check with the AIUSA Urgent Action office if sending appeals after 3 June 2008.----------------------------------

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This Urgent Action may be reposted if kept intact, including contact information and stop action date (if applicable).

Thank you for your help with this appeal.

Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: uan@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566