Lawyers for Liberty (LFL) has taken a dim view of Home Affairs Minister Saifuddin Nasution Ismail’s response to allegations of ill-treatment of detainees in the Kimanis Detention Centre in Sabah.
In a statement today, LFL director Zaid Malek said it was unacceptable and contrary to good governance for the home ministry to dismiss outright a very serious complaint on video by a detainee.
“Instead of ordering an inquiry, Saifuddin puts the blame instead on the detainees by alleging that their unhealthy physical state was something that occurred before they were detained.
“This is one of the most specious and ridiculous responses ever advanced by a home minister in the face of custodial abuse,” said LFL.
Saifuddin in an initial response to the video said it was unfair to “overplay” the issue before the full facts behind the video have been established.
LFL pointed out that the migrant in the video complained of a lack of food, water, and medical attention.
“He looks emaciated and sickly and weak. But Saifuddin simply ignores all of this.
“The only evidence he uses to support his dismissive response is a supposed briefing from the Immigration Department denying it,” added Zaid.
He said the Immigration Department was an interested party which obviously would want to immediately dismiss claims of abuse or ill-treatment.
“The home minister must not just accept ‘briefings’ from the Immigration Department at face value.
“In recent times, allegations of ill-treatment of detainees in immigration depots have been highlighted time and time again, only for it to be ignored or dismissed summarily without an investigation being carried out, or worse met with criminal charges against the whistleblowers themselves.
“LFL is dismayed that the government which is now led by Pakatan Harapan who have long heralded themselves as ‘reformists’ are now following in the footsteps of their abusive predecessors.
“Allegations of abuse at detention centres are serious matters which warrant immediate and thorough inquiry or investigation by the government,” Zaid said.
He reminded the government that international law dictates all persons in detention shall be treated with humanity and with respect for the inherent dignity of the human person, as stated in the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and Article 10 of the International Covenant on Civil and Political Rights (ICCPR).
Malaysia acknowledges the same principle under Article 5 of the Federal Constitution which safeguards the life and liberty of any person in Malaysia, a right that extends to migrants detained in immigration depots.
Not new or surprising
The issue began when a video clip and several pictures emerged of emaciated men, allegedly detainees at the Kimanis Immigration depot, appealing for help as they were being mistreated.
In the clip, a man appealed to Sabah Chief Minister Hajiji Noor and state Immigration Department director Sitti Saleha Habib Yusoff to release them.
LFL said allegations of the horrid conditions of migrants in detention centres in Malaysia are not new or surprising.
“The Indonesia-based rights group, Sovereign Migrant Workers Coalition, reported that there have been 149 deaths of Indonesian nationals detained in immigration detention centres in Sabah, over the span of 18 months, from 2021-2022.
“They further state that there is abuse and ill-treatment of migrants in detention based on the testimonies they collected from former immigration depot detainees, which prompted the Indonesian Foreign Ministry to query our government on the allegations.
“Treatment of migrants is an important matter that must be looked at seriously by the government as it could affect bilateral relations with other states which will have an adverse effect on our economy, with several industries heavily reliant on migrant workers.
“This is of course apart from the brute and inhumane image our country gets when migrants are treated in this manner,” said Zaid.
He reminded the government that it was only in July of this year that the Indonesian government imposed a temporary freeze on the delivery of migrant workers in Malaysia for breaching an agreement that was aimed at improving the protection of Indonesian domestic workers in Malaysia.
LFL went on to call for the following:
a) An immediate and independent inquiry into the allegations of ill-treatment of detainees in the Kimanis Detention Centre.
b) The results of the inquiry must be presented to Parliament and the public.
c) Informants and whistleblowers must be protected from harassment by enforcement authorities and must not be criminally investigated or charged for coming forward with such information.
d) The home minister must publicly undertake that the detainee in the video will not be penalised or punished in any manner for speaking out. - Mkini
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