Where is the Wang Kelian RCI report - the report was supposed to be ready by September 2019 - and yet we have not yet seen the report - WHY?
Wang Kelian - '... the unprecedented discovery of mass graves and
“death camps” within our borders. The more than 150 graves at “death
camps” spread across various remote sites in the state of Perlis, near
the border with Thailand, as reported by the New Straits Times on 26
May 2015 (Appendix 1), are widely believed to have contained human
remains of victims of trafficking or smuggled migrants who died whilst
in the custody of traffickers or smugglers;...'
The RCI happened but Malaysians are still waiting for the outcome of the inquiry by the Royal Commission...
It must immediately be made public - and thereafter the government need to take actions against the alleged perpetrators ...and even do the needful to prevent any future recurrence of such incidents...
Wang Kelian RCI concludes, report ready by September
Nation
Tuesday, 18 Jun 2019 9:55 AM MYT
PUTRAJAYA (Bernama): The final report and recommendations of the Royal Commission of Inquiry (RCI) on the discovery of transit camps and mass graves in Wang Kelian, Perlis, will be presented to Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah in early September.
RCI chairman Tun Arifin Zakaria said the report and recommendations would be prepared based on the findings during the 17-day inquiry involving 48 witnesses since April 17.
RCI chairman Tun Arifin Zakaria said the report and recommendations would be prepared based on the findings during the 17-day inquiry involving 48 witnesses since April 17.
He said after
17 days of inquiry, the public hearing concluded today which would allow
commission members to hold a meeting to prepare the report.
"We have two months for that and Insyaallah (God willing) we can present the report to the Yang di-Pertuan Agong in early September," he said.
Speaking at a press conference after chairing the RCI last day
inquiry Tuesday (June 18), Arifin said thus far he was satisfied with
the proceedings and the findings.
He also admitted that the police had done their best in handling the case.
"There are just a few things, like when we wanted to have witnesses from Thailand but did not receive the best cooperation ... so it's hard to get the whole picture.
"However, I think the RCI's target has been achieved, which makes it easy for us to make recommendations such as improvement to be made in terms of border control security as well as cooperation with international agencies," he said.
Asked whether the recommendation would be made public, Arifin, who is also former Chief Justice, said the commission would leave it to the government to decide on the matter.
Meanwhile, RCI deputy chairman and former Inspector-General of Police Tan Sri Norian Mai said the decision whether the case should be reopened would depend on the findings and discussions of the commission members later.
The RCI, which was set up with the consent of Yang di-Pertuan Agong on Jan 29, was held at the Home Ministry's Dewan Gemilang, which was converted into a courtroom.
It was held following the discovery of 139 graves and 28 human trafficking camps found at the peak of Bukit Wang Burma in Wang Kelian, located at the Malaysia-Thailand border.
The RCI, among other things, aimed at examining all documents and evidence relating to the case of temporary camp plots and graves in Wang Kelian. – Bernama - Star, 18/6/2019
(3) Finds that the two New Straits Times articles have resulted in conflicting accounts of the events and raise the following queries:
(4) Notes that several Thai
nationals, including politicians and an army general, have been found
guilty in Thailand pursuant to investigations initiated by the Thai
authorities, and sentenced to long periods of imprisonment;1
(5) Is not aware of any reports of any Malaysians charged for these heinous crimes in Malaysia, save for the foreigners already charged and sentenced in court for immigration offences,2 with victims predominantly repatriated. These are crimes that are perpetrated not just by foreigners but in collusion with Malaysian counterparts who have yet to be held to account;3
(6) Notes that Malaysia is obliged to uphold the underlying values of international human rights laws and norms set out in, inter alia, the United Nations Convention Against Transnational Organized Crime (November 2000), the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (December 2000), the Protocol Against the Smuggling of Migrants by Land, Sea and Air (December 2000), and the United Nations Against Corruption (October 2003); and regional obligations, namely the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (November 2015), all of which the Malaysian Government has voted in favour of and/or signed;
(7) Recognises the Government of Malaysia’s commitment to eradicate human trafficking with the implementation of international obligations in the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, and the Pelan Tindakan Kebangsaan Antipemerdagangan Orang (2016-2020) by the Majlis Antipemerdagangan Orang ("MAPO"); and
(8) Reiterates that no stone should be left unturned in cleaning up our backyard, as our international reputation is at stake and this incident remains a stain on the fabric of Malaysia. In light of this, as a nation we need to acknowledge and come to terms with these atrocities that have occurred within our borders and ensure that justice is served.
Therefore, it is hereby resolved that:
(A) The Malaysian Bar call upon the Government of Malaysia to take all necessary steps to ensure that such tragedies never recur within our borders, including:
(B) The Malaysian Bar call upon the Government of Malaysia, and specifically the Ministry of Home Affairs, to better resource the implementation of the provisions of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and the MAPO Pelan Tindakan Kebangsaan Antipemerdagangan Orang (2016-2020), by increasing investigative teams and developing them to become specialist teams dedicated to the identification, apprehension and prosecution of human traffickers and those abetting them; and to work closely at all levels of policy formulation, administration and implementation, with civil society organisations an other stakeholders, to improve public awareness of and eradicate human trafficking;
(C) The Malaysian Bar call upon the Royal Malaysia Police to fully disclose the extent of these crimes and the various personalities involved, and to take all necessary steps to thoroughly investigate and bring those responsible for these heinous atrocities to task; and
(D) The Malaysian Bar call upon the Human Rights Commission of Malaysia (“SUHAKAM”) to exercise its functions and powers pursuant to sections 4(1)(d), 4(2)(d) and 4(2)(f), read with section 12(1), of the Human Rights Commission of Malaysia Act 1999, to carry out an inquiry in respect of the alleged human rights infringements, and produce a report of its investigations, findings and conclusions.
--------------------------------------------------------------
1 “General among dozens found guilty in Thailand's largest human trafficking trial”, Sydney Morning Herald, 20 July 2017.
2 “Thai man gets five years jail for Wang Kelian human-trafficking”, New Straits Times, 15 December 2016.
3 “12 cops arrested over Perlis migrant mass graves”, Malay Mail Online, 27 May 2015.
"We have two months for that and Insyaallah (God willing) we can present the report to the Yang di-Pertuan Agong in early September," he said.
He also admitted that the police had done their best in handling the case.
"There are just a few things, like when we wanted to have witnesses from Thailand but did not receive the best cooperation ... so it's hard to get the whole picture.
"However, I think the RCI's target has been achieved, which makes it easy for us to make recommendations such as improvement to be made in terms of border control security as well as cooperation with international agencies," he said.
Asked whether the recommendation would be made public, Arifin, who is also former Chief Justice, said the commission would leave it to the government to decide on the matter.
Meanwhile, RCI deputy chairman and former Inspector-General of Police Tan Sri Norian Mai said the decision whether the case should be reopened would depend on the findings and discussions of the commission members later.
The RCI, which was set up with the consent of Yang di-Pertuan Agong on Jan 29, was held at the Home Ministry's Dewan Gemilang, which was converted into a courtroom.
It was held following the discovery of 139 graves and 28 human trafficking camps found at the peak of Bukit Wang Burma in Wang Kelian, located at the Malaysia-Thailand border.
The RCI, among other things, aimed at examining all documents and evidence relating to the case of temporary camp plots and graves in Wang Kelian. – Bernama - Star, 18/6/2019
Malaysian Bar Resolution Regarding the Discovery of "Death Camps" in Perlis - 17/3/2018
Whereas the Malaysian Bar:
(1) Is outraged by the unprecedented discovery of mass graves and “death camps” within our borders. The more than 150 graves at “death camps” spread across various remote sites in the state of Perlis, near the border with Thailand, as reported by the New Straits Times on 26 May 2015 (Appendix 1), are widely believed to have contained human remains of victims of trafficking or smuggled migrants who died whilst in the custody of traffickers or smugglers;
(2) Is deeply troubled by an article in the New Straits Times on 20 December 2017 (Appendix 2) stating that there had been a “massive, coordinated cover-up” of the mass graves and “death camps” and the investigations surrounding it. The article details various allegations as regards the way in which the discovery was handled, as follows:
Whereas the Malaysian Bar:
(1) Is outraged by the unprecedented discovery of mass graves and “death camps” within our borders. The more than 150 graves at “death camps” spread across various remote sites in the state of Perlis, near the border with Thailand, as reported by the New Straits Times on 26 May 2015 (Appendix 1), are widely believed to have contained human remains of victims of trafficking or smuggled migrants who died whilst in the custody of traffickers or smugglers;
(2) Is deeply troubled by an article in the New Straits Times on 20 December 2017 (Appendix 2) stating that there had been a “massive, coordinated cover-up” of the mass graves and “death camps” and the investigations surrounding it. The article details various allegations as regards the way in which the discovery was handled, as follows:
(a) Two
conflicting reports submitted by the police on the events that unfolded
on 19 January 2015;
(b) A coordinated cover-up involving complicity, collusion, and corruption of law enforcement agencies with syndicates which perpetuate these acts;
(c) That “… there had been some “serious redacting” in reports and papers filed in the course of investigations.”; and
(d) That “… the local middleman, who had been taken into custody had admitted to greasing the palms of personnel in border security agencies to ensure that his operation could continue unmolested.”;
(b) A coordinated cover-up involving complicity, collusion, and corruption of law enforcement agencies with syndicates which perpetuate these acts;
(c) That “… there had been some “serious redacting” in reports and papers filed in the course of investigations.”; and
(d) That “… the local middleman, who had been taken into custody had admitted to greasing the palms of personnel in border security agencies to ensure that his operation could continue unmolested.”;
(3) Finds that the two New Straits Times articles have resulted in conflicting accounts of the events and raise the following queries:
(a) When exactly
were the sites discovered?;
(b) When were the graves found?;
(c) Why was the destruction of the sites ordered before relevant forensic evidence was extracted?; and
(d) How long had the sites been in operation?;
(b) When were the graves found?;
(c) Why was the destruction of the sites ordered before relevant forensic evidence was extracted?; and
(d) How long had the sites been in operation?;
(5) Is not aware of any reports of any Malaysians charged for these heinous crimes in Malaysia, save for the foreigners already charged and sentenced in court for immigration offences,2 with victims predominantly repatriated. These are crimes that are perpetrated not just by foreigners but in collusion with Malaysian counterparts who have yet to be held to account;3
(6) Notes that Malaysia is obliged to uphold the underlying values of international human rights laws and norms set out in, inter alia, the United Nations Convention Against Transnational Organized Crime (November 2000), the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (December 2000), the Protocol Against the Smuggling of Migrants by Land, Sea and Air (December 2000), and the United Nations Against Corruption (October 2003); and regional obligations, namely the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (November 2015), all of which the Malaysian Government has voted in favour of and/or signed;
(7) Recognises the Government of Malaysia’s commitment to eradicate human trafficking with the implementation of international obligations in the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, and the Pelan Tindakan Kebangsaan Antipemerdagangan Orang (2016-2020) by the Majlis Antipemerdagangan Orang ("MAPO"); and
(8) Reiterates that no stone should be left unturned in cleaning up our backyard, as our international reputation is at stake and this incident remains a stain on the fabric of Malaysia. In light of this, as a nation we need to acknowledge and come to terms with these atrocities that have occurred within our borders and ensure that justice is served.
Therefore, it is hereby resolved that:
(A) The Malaysian Bar call upon the Government of Malaysia to take all necessary steps to ensure that such tragedies never recur within our borders, including:
(i) To abide by and uphold the
principles of justice, good governance and the rule of law, and to
respect, promote and protect the human rights of trafficked persons
within Malaysia’s borders;
(ii) To establish a Royal Commission of Inquiry (“RCI”) to investigate the existence of the mass graves and “death camps”, and the allegations of, among others, a cover-up, complicity, collusion, and corruption of law enforcement agencies, and to identify the perpetrators concerned; and
(iii) To adhere to its obligations under international law and thereafter take steps for legal, policy and institutional reform in compliance with the same;
(ii) To establish a Royal Commission of Inquiry (“RCI”) to investigate the existence of the mass graves and “death camps”, and the allegations of, among others, a cover-up, complicity, collusion, and corruption of law enforcement agencies, and to identify the perpetrators concerned; and
(iii) To adhere to its obligations under international law and thereafter take steps for legal, policy and institutional reform in compliance with the same;
(B) The Malaysian Bar call upon the Government of Malaysia, and specifically the Ministry of Home Affairs, to better resource the implementation of the provisions of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and the MAPO Pelan Tindakan Kebangsaan Antipemerdagangan Orang (2016-2020), by increasing investigative teams and developing them to become specialist teams dedicated to the identification, apprehension and prosecution of human traffickers and those abetting them; and to work closely at all levels of policy formulation, administration and implementation, with civil society organisations an other stakeholders, to improve public awareness of and eradicate human trafficking;
(C) The Malaysian Bar call upon the Royal Malaysia Police to fully disclose the extent of these crimes and the various personalities involved, and to take all necessary steps to thoroughly investigate and bring those responsible for these heinous atrocities to task; and
(D) The Malaysian Bar call upon the Human Rights Commission of Malaysia (“SUHAKAM”) to exercise its functions and powers pursuant to sections 4(1)(d), 4(2)(d) and 4(2)(f), read with section 12(1), of the Human Rights Commission of Malaysia Act 1999, to carry out an inquiry in respect of the alleged human rights infringements, and produce a report of its investigations, findings and conclusions.
--------------------------------------------------------------
1 “General among dozens found guilty in Thailand's largest human trafficking trial”, Sydney Morning Herald, 20 July 2017.
2 “Thai man gets five years jail for Wang Kelian human-trafficking”, New Straits Times, 15 December 2016.
3 “12 cops arrested over Perlis migrant mass graves”, Malay Mail Online, 27 May 2015.
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