Human rights group Suaram has urged Prime Minister Anwar Ibrahim's intervention to bring back a Malaysian who is serving the seventh year of a 25-year prison sentence in Cambodia for drug trafficking.
“Suaram urges the prime minister to review Hemakavin Karthigesu's case and to take steps to ensure that Hemakavin (above) is brought home.
"One step that we hope to see the prime minister implement is to raise this issue with the Cambodian government and to discuss possible solutions with it during his official visit to Cambodia at the end of March,” Suaram executive director Sevan Doraisamy told a press conference at the Kuala Lumpur and Selangor Chinese Assembly Hall today.
Additionally, Suaram is demanding that the Malaysian government employ all bilateral diplomatic avenues on this matter.
Sevan stressed that this includes appealing for a royal pardon to reduce Hemakavin's 25-year prison sentence or secure his full release, as well as reaching an agreement with the Cambodian government to bring the victim home via an International Prisoner Transfer Programme.
In 2016, Hemakavin - who was then 19 years old - was allegedly led to Cambodia after his girlfriend offered free flight tickets to the country.
“He was told that (his girlfriend’s) sister and her boyfriend would also be joining him there. On the day of departure, however, Hemakavin was informed that he would have to leave for Cambodia on his own, due to technical issues with the duo's tickets.
"She (the girlfriend) promised that the couple would meet Hemakavin in Cambodia. Upon arrival in Cambodia, Hemakavin was contacted by a stranger who introduced himself as his girlfriend’s friend," said Sevan.
Hemakavin was then instructed to go to a pre-booked hotel room, where he was asked to check if it contained his girlfriend's belongings.
“As soon as Hemakavin entered the hotel room, he was arrested and handcuffed by the Cambodian anti-narcotics police officers. Hemakavin and another Malaysian national were charged with drug trafficking,” Sevan said.
According to him, the Cambodian police officers instructed Hemakavin to hold a metal box for a photo of him to be taken.
“He was then accused and tried in court, with his fingerprint on the metal box presented as court evidence. Based on this evidence, Hemakavin was found guilty and sentenced to 25 years in prison and a fine of 40 million riels (about RM45,000),” Sevan said.
Banking on Asean solidarity
Speaking to Malaysiakini, former Klang MP Charles Santiago drew similarities of where member countries may receive intervention from Asean on such cases.
Charles cited a 2015 case involving a Filipino migrant worker who was found guilty of drug trafficking into Indonesia.
“The case was full of complications and problems, and there were doubts in terms of what took place, and whether the woman was actually bringing the drugs. The courts found her guilty.
“What happened was that at the Asean meeting (that year), (then-Philippine) President Aquino spoke with (Indonesian) President Jokowi for another review of that case.
“In the context of Asean solidarity, our countries listen to each other,” said Charles, who is the Asean Parliamentarians for Human Rights (APHR) chairperson.
The former MP - who last raised Hemakavin’s case in Parliament in 2019 - noted that Anwar is scheduled to make an official visit to Cambodia at the end of this month.
“Therefore, when the prime minister goes to Cambodia, there's also a possibility of not only raising this particular person's story, but that of a lot of Malaysians who are being held in Cambodia under all kinds of false accusations and jail sentences,” added Charles.
'Victim of human trafficking'
He described Hemakavin as a "victim of human trafficking".
"This young man - at the time of his arrest - was 19. He's been there for seven years now. His case should be seen from the perspective of human trafficking, and not typical drug peddling or drug trafficking," he said, adding that other Malaysians have fallen into similar traps.
When the issue was raised in Parliament back in 2019, former foreign minister Saifuddin Abdullah said that Malaysia cannot interfere in the legal affairs of another country - which “may be seen as reflecting bad light on Malaysia as a country that does not respect the legal system laws adopted by Cambodia”.
Hemakavin's conviction has been taken to the Cambodian Court of Appeal, before being dismissed.
His family members have taken various measures to try and help him, including lodging a police report and complaints to the Enforcement Agency Integrity Commission (EAIC) and Suhakam, regarding the exploitation of young people as drug mules by the drug syndicate.
They have also sought the assistance of the Attorney-General's Chambers (AGC) to liaise with its Cambodian counterpart for a review of Hemakavin's case, due to a purported miscarriage of justice.
As of 2018, a total of 425 Malaysian drug mules are being detained abroad for trafficking. The latest statistics are unavailable. - Mkini
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