Let wrongfully jailed man stay until justice served, NGOs tell govt

 

Indonesian worker Sabri Umar after he was acquitted by the Tawau High Court in July. (Malaysians Against Death Penalty and Torture pic)

PETALING JAYA: The government should allow Sabri Umar, an Indonesian worker who was wrongfully imprisoned and whipped for allegedly not having a valid work pass, to stay in the country until all his cases and claims are settled, says a group of 21 NGOs.

Sabri’s special pass from the immigration department expires on Sept 21, which the NGOs say puts him in a “most precarious position” as there is no certainty if it will be reissued.

“The Malaysian government must guarantee no repatriation, and continuous issuance of special passes until all his cases and claims (are settled),” they said in a joint statement.

“Only Malaysian courts have the jurisdiction to determine claims of violation of rights and worker rights that happen in Malaysia.”

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The NGOs said that on Aug 22, Sabri commenced a legal suit at the Tawau High Court against the home minister, the Sabah chief minister, the immigration department and others, seeking a court order asking the minister to state his decision on Sabri’s two appeals against the immigration department’s decisions.

They said the minister has yet to state his decision. If dissatisfied with the decision, Sabri has the right to go to the courts for a judicial review, said the NGOs.

Sabri has also filed a claim for reinstatement at the Industrial Court in May, but the case has yet to be heard.

The NGOs said the Tawau High Court had on Aug 23 dismissed Sabri’s application for a court order that would allow him to stay in the country legally until “his quest for justice is over”.

Stressing that Sabri may not have the funds to frequently travel back and forth as and when needed for the cases, they said he is contemplating appealing to the Court of Appeal with regard to the High Court’s Aug 23 decision.

Among the 21 organisations which signed the statement are Aliran, the Sabah Timber Industry Employees Union (STIEU), the North South Initiative (NSI), and Malaysians Against Death Penalty and Torture (Madpet).

Sabri was arrested in April and sentenced to 11 months in prison and five strokes of the cane by a sessions court. While waiting for his appeal to be heard, he was whipped in the Tawau prison on June 23.

The Tawau High Court acquitted him in July after his lawyer proved that he had a valid Indonesian passport and a work pass from his employer. - FMT