On 8 April 2008, Lawyer  Ponnusamy Uthayakumar, legal advisor to the Hindu Rights Action Force (HINDRAF), aged 46, also known as P. Uthayakumar, held without trial since 13 December 2007, was hospitalised 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 was arrested along with four other HINDRAF officials under the International Security Act (ISA) after they organised 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 organisations. P. Uthayakumar has reportedly been detained for seditious speech and organising illegal assemblies. The ISA allows for detention without trial for up to two years.

Prior to his hospitalisation, 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.

BIOGRAPHY:

Uthayakumar was born on 7 November 1961 to Ponnusamy s/o Arunasalam, a train driver  who was a first generation immigrant. Uthayakumar's paternal grandfather, Arunasalam was a citizen of British India in present day India. Arunasalam was brought into Malaysia then known as Malaya to work as a labourer in a rubber estate.

Uthayakumar was brought up in Kelantan, where 99 percent of the population is Malay, 0.9 percent Chinese and 0.1 percent Indian. This enabled him to speak fluent Kelantan Malay. He revealed that he had a Malay girlfriend for five years, but because he had to convert to Islam to marry her, Uthayakumar had to go his separate way. In an interview with Malaysiakini, Uthayakumar said that he was very patriotic to the point that he called himself a Malaysian and at one point refused to visit India. He also wore a pin of the Malaysian flag on his blazer during his student times, despite the fact that his friends poked fun at him. When Uthayakumar started his legal firm, he put a Malaysian flag on his working desk. Uthayakumar took off the flag after the Kampung Medan incident because;

On October 30, 2007, Uthayakumar and other HINDRAF lawyers — M. Manoharan, P. Waytha Moorthy and V. Ganapathi Rao were arrested at 11:00 p. m. and detained until 8:00 a. m. the following morning for taking part in a demonstration against the demolishment of a Hindu Shrine in Kuala Lumpur.[3] All of the lawyers then filed a suit against seven defendants including the government for the "unlawful arrest" on November 5, 2007.They are seeking 20 million Malaysian Ringgits each in compensation while Waytha Moorthy is seeking 25 million.

On November 19, 2007, Uthayakumar's office in Kuala Lumpur was raided by the police to search for a book deemed seditious under the Sedition Act. The police were unable to find the book but instead confiscated some fliers. When Uthayakumar called his brother's (Waytha Moorthy Ponnusamy) office in Seremban, which was also being raided at the same time, he scolded two police officers for recording the legal office staff's statements and slammed them for not following procedure.

Police arrested Uthayakumar in the morning of November 23, 2007 to prevent him from taking part in the 2007 HINDRAF rally. He was given a discharge later for an error on the part of the prosecution.

On 8:00 a.m. December 3, 2007, Uthayakumar discovered that his Volvo 240's tires were slashed. In his police report, Uthayakumar stated that he suspects the United Malays National Organization (UMNO) to be behnd the slashing. He also stated that a car bearing licence plate number AFL5280 was spying on him for the past eight months and that should anything happen to him, he would hold UMNO's top leadership responsible.

Uthayakumar was arrested on December 11, 2007 to face a fresh sedition charge. Despite the fact that the maximum fine for sedition in Malaysia is 5,000 Malaysian ringgits, bail was set at 50,000 Malaysian ringgits. After Uthayakumar posted bail, he was immediatelly rearrested and brought to Pudu prison . The charges against Uthayakumar were dropped soon after and he was released on December 12, 2007

On December 13, 2007, Uthayakumar and other HINDRAF members M. Manoharan, V. S. Ganapathy Rao, K. Kengadhadran and T. Vasantha Kumar were arrested under the Internal Security Act (ISA) .Some sources say that the arrest on December 13 was chosen to symbolize the May 13 incident. Uthayakumar left two parting videos for his supporters saying that he had expected his arrest under the ISA. Uthayakumar thanked HINDRAF supporters for their support and reminded them to be peaceful and not to resort to violence.

 * In this Indian name, the name "Ponnusamy" is a patronymic, not a family name, and the person should be referred to by the given name, "Uthayakumar". The abbreviations "s/o" or "d/o", if used, mean "son of" or "daughter of" respectively.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language:

- 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 recognisably criminal offence.

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: + 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: + 60 3 2273 1326 or + 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: + 603 8888 9378

and to diplomatic representatives of Malaysia accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY.