(Malaysiakini) Lawyers and Hindu Rights Action Force (Hindraf) leaders P Uthayakumar and M Manoharan today filed suits against Prime Minister Najib Abdul Razak and five others over their arrest under the Internal Security Act in 2007 and detention for 514 days in Kamunting, Perak.
Uthayakumar (wearing tie), who is also Human Rights Party leader and Manoharan, who is Kota Alam Shah assemblyperson, are each seeking RM100 million from six defendants for their unlawful detention.
The other defendants are former premier Abdullah Ahmad Badawi, Home Minister Hishammuddin Hussein, former inspector-general of police Musa Hassan, the commandant of the Kamunting detention camp where they had been detained, and the government.
The two lawyers filed the suit today to coincide with International Human Rights Day, which falls tomorrow.
They were arrested on Dec 13, 2007, after they organised the Hindraf rally in the heart of Kuala Lumpur to highlight the plight of the Indian community, which they say is being marginalised by the government.
It was during his detention that Manoharan won the March 8, 2008, general election and according to the lawyer, this proves he was no threat to national security as alleged. As a result of this, he had to take his oath of office while in detention in Kamunting, near Taiping.
The government had publicly alleged that Hindraf leaders were linked to the Liberation Tigers of Tamil Elam (LTTE) in Sri Lanka, accusations they had strongly denied.
The Hindraf group claimed that they were merely fighting for the human rights of Malaysians, particularly the Indian community, which faced persecution, threats, isolation and discrimination from Umno and BN-led government.
As a consequence of the defendants' action in detaining them, Uthayakumar and Manoharan (right) said, they had to bear pain, losses and damages, for which they were seeking general, exemplary and aggravated damages.
Uthayakumar claimed that as a result of his detention, he had to close his law firm in Mutiara Bangsar, as his practice suffered a 95 percent drop.
Following this, both of them sought RM100 million in general damages each, special damages to be assessed by the court, interests and costs of the action.
Uthaykumar denied medical treatment
Uthayakumar also claimed that he was denied his diabetes medication while in detention, and he had to be warded at the Taiping Hospital instead of being taken to the National Heart Institute to enable him to undergo a heart examination.
The lawyer also claimed that his left leg suffered a fracture, as a result of walking in the detention camp, which he said was improperly maintained.
A total of 80 police reports were also filed against the government during this time, but despite this, Uthayakumar said, he continued to be persecuted.
He and Manoharan claimed that 2.5 million people from the Indian community had sought, and even held campaigns, for their release, but the plaintiffs continued to be detained without trial.
Uthayakumar said as a lawyer, he has had many clients who complained of being discriminated, but the draconian Internal Security Act (ISA) was the penultimate in discriminating the civil rights of the people in the country, resulting in unlawful detention of the citizens.
He maintained that the claims he had made about ethnic cleansing were correct as the Indian community was forced to move out when Putrajaya and Bukit Jalil were developed.
Manoharan: Najib delayed release
Manoharan said Najib was personally named because as prime minister, he had delayed their release. The two were released from the Kamunting detention camp in May last year.
The Kota Alam Shah assemblyperson said this was the first suit where Najib (left) was personally named.
Manoharan said despite being released in May, an order not to move out of the Travers area had been slapped on Uthayakumar, while he had been ordered not to move out of Klang.
The order against Uthayakumar was lifted in July this year, while that against Manoharan was lifted in September.
Manoharan said since Najib became prime minister, he had pledged to review the controversial ISA law, but nothing had been done so far.
“It is certainly a cruel legislation that should be removed and in light of International Human Rights Day (Dec 10), we are again calling for the repeal of this law,” he added.
Uthayakumar (wearing tie), who is also Human Rights Party leader and Manoharan, who is Kota Alam Shah assemblyperson, are each seeking RM100 million from six defendants for their unlawful detention.The other defendants are former premier Abdullah Ahmad Badawi, Home Minister Hishammuddin Hussein, former inspector-general of police Musa Hassan, the commandant of the Kamunting detention camp where they had been detained, and the government.
The two lawyers filed the suit today to coincide with International Human Rights Day, which falls tomorrow.
They were arrested on Dec 13, 2007, after they organised the Hindraf rally in the heart of Kuala Lumpur to highlight the plight of the Indian community, which they say is being marginalised by the government.
It was during his detention that Manoharan won the March 8, 2008, general election and according to the lawyer, this proves he was no threat to national security as alleged. As a result of this, he had to take his oath of office while in detention in Kamunting, near Taiping.
The government had publicly alleged that Hindraf leaders were linked to the Liberation Tigers of Tamil Elam (LTTE) in Sri Lanka, accusations they had strongly denied.
The Hindraf group claimed that they were merely fighting for the human rights of Malaysians, particularly the Indian community, which faced persecution, threats, isolation and discrimination from Umno and BN-led government.As a consequence of the defendants' action in detaining them, Uthayakumar and Manoharan (right) said, they had to bear pain, losses and damages, for which they were seeking general, exemplary and aggravated damages.
Uthayakumar claimed that as a result of his detention, he had to close his law firm in Mutiara Bangsar, as his practice suffered a 95 percent drop.
Following this, both of them sought RM100 million in general damages each, special damages to be assessed by the court, interests and costs of the action.
Uthaykumar denied medical treatment
Uthayakumar also claimed that he was denied his diabetes medication while in detention, and he had to be warded at the Taiping Hospital instead of being taken to the National Heart Institute to enable him to undergo a heart examination.
The lawyer also claimed that his left leg suffered a fracture, as a result of walking in the detention camp, which he said was improperly maintained.
A total of 80 police reports were also filed against the government during this time, but despite this, Uthayakumar said, he continued to be persecuted.
He and Manoharan claimed that 2.5 million people from the Indian community had sought, and even held campaigns, for their release, but the plaintiffs continued to be detained without trial.
Uthayakumar said as a lawyer, he has had many clients who complained of being discriminated, but the draconian Internal Security Act (ISA) was the penultimate in discriminating the civil rights of the people in the country, resulting in unlawful detention of the citizens.
He maintained that the claims he had made about ethnic cleansing were correct as the Indian community was forced to move out when Putrajaya and Bukit Jalil were developed.
Manoharan: Najib delayed release
Manoharan said Najib was personally named because as prime minister, he had delayed their release. The two were released from the Kamunting detention camp in May last year.
The Kota Alam Shah assemblyperson said this was the first suit where Najib (left) was personally named.Manoharan said despite being released in May, an order not to move out of the Travers area had been slapped on Uthayakumar, while he had been ordered not to move out of Klang.
The order against Uthayakumar was lifted in July this year, while that against Manoharan was lifted in September.
Manoharan said since Najib became prime minister, he had pledged to review the controversial ISA law, but nothing had been done so far.
“It is certainly a cruel legislation that should be removed and in light of International Human Rights Day (Dec 10), we are again calling for the repeal of this law,” he added.
They will also name former prime minister Abdullah Ahmad Badawi, Home Minister Hishammuddin Hussein and former inspector-general of police Musa Hassan and the government as the other defendants.
But for the first time, details such as the age, ethnicity and nationality of almost all 279 people - citizens as well as foreign nationals - who have been killed by the police from 2000 to 2009 were today revealed by human rights groups.
ccording to statistics provided by police at the sedition trial of Hindraf chief P Uthayakumar earlier this week, there were a shocking 82 cases of fatal police shootings in 2008, followed by 88 such incidences in 2009.
Among the more recent fatalities are the fatal shootings in April 26 of 14-year-old 
Surendran was speaking to reporters after a press conference on the issue with Suaram coordinator Lucas Yap Heng Lung, PKR's Subang MP R Sivarasa and LFL member Fadiah Nadwa Fikri (right) at the KL-Selangor Chinese Assembly Hall in Kuala Lumpur.
Sivarasa (left) said the issue stems from the culture of impunity that has set into the police institution whereby a shoot-to-kill policy appears to have the consent, if not encouragement, of the upper levels of the force as well as the ruling politicians.
He was referring to Home Minister Hishammuddin Hussein's (right) 
By G Vinod - Free Malaysia Today,
Meanwhile, an NGO specialising in tackling the woes afflicting the Indian community, Astivaaram Foundation, expressed outrage over the incident.
