Immigration Director-General Khairul Dzaimee Daud's excuse for detaining an Indian tourist who was later found dead in lockup appears like an afterthought, opined a lawyer.
Legal practitioner Rajesh Nagarajan said that today after reports that the deceased, Zeawdeen Kadar Masdar (photo, above), was detained due to his alleged abnormal travel patterns in and out of the country.
Rajesh said if the Immigration Department was aware of Zeawdeen's abnormal travel patterns, the authorities should have denied him entry into Malaysia in the first place.
“If (the Immigration Department) is not happy with (Zeawdeen allegedly abnormally frequently coming in and going out of Malaysia), then do not let him in.
“Immigration has the power to deny anyone from entering Malaysia. So if they let him in, why then only later arrest him?
“His detention (seemed to be) without basis and the whole 'too many entries and exits (excuse)' is an afterthought by Immigration officials to justify (Zeawdeen's) improper and without-basis arrest,” Rajesh told Malaysiakini today.
On June 19, Malaysiakini reported that Khairul Dzaimee backtracked on an initial denial of Zeawdeen's death in custody and confirmed his death.
Khairul Dzaimee claimed that Zeawdeen was detained on May 1 to facilitate investigations into alleged frequent entries and exits out of the norm for an ordinary tourist.
Meanwhile, Rajesh said that among the legal recourses the deceased’s family can resort to is to sue the Immigration Department and the government of Malaysia over Zeawdeen's death in custody.
Rajesh said however, it is pertinent for the family to first seek an inquest into the death.
The lawyer said the inquest is necessary to enable various oral testimonies to be heard so that evidence can be gathered for any proposed legal action over any alleged wrongful death.
“When (the Immigration Department) detains someone, they are responsible for (the detained person's) wellbeing.
“Did Immigration do everything they could to save (Zeawdeen's) life?
“Did they give proper medical attention? Was his detention legal? Therefore an inquest should be called in the matter,” Rajesh said.
On June 18, it was reported that the deceased’s family in Chennai, India, learned a few days earlier (June 14) that Zeawdeen had died in the Bukit Jalil Immigration Depot, and that this was later confirmed by the Indian High Commission.
His family reportedly said that Zeawdeen was a tourist, stranded when flights to India were cancelled during the global lockdown due to the Covid-19 pandemic.
It was reported that visa documents showed he entered the country on March 17, a day before the movement control order was imposed.
It was then reported that Zeawdeen was detained by the Immigration Department in Kuala Lumpur in early May. - Mkini
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