Media Statement – 16/8/2022 [25 Groups]
Call On Malaysian Parliamentary Special Select Committee To Ensure That Migrant Worker Sabri Umar’s Pursuit For Justice Is Not Impeded By Deportation And Other Means.
Rights And Liberties In Law Is Meaningless, If Victims Are Deterred From Using Available Avenues In Malaysia
We, the 25 undersigned organisations, trade unions and groups call on the Malaysian Parliamentary Special Select Committee On Fundamental Liberty And Constitutional Rights, which will be meeting in Parliament at 2.30pm on 16/8/2022 to immediately look into the case of Sabri bin Umar, an Migrant Worker from Indonesia that was then employed by Fu Yee Corporation Sdn Bhd in Tawau. A documented migrant worker ended up wrongly being charged, convicted, sentenced and even whipped for committing an offence of being illegally in Malaysia.
Sabri bin Umar now is at risk of being sent out of Malaysia back to Indonesia, as the Immigration Department yet again gave him just a 2-week Special Pass, and the Immigration Officers told him that after that he will be forced to leave Malaysia. Sabri applied for a Special Pass to stay in Malaysia until his fight for justice for the human rights violations is completed. His wrongful dismissal case is now in the process of being send to the Industrial Court. He has submitted a Complaint/Petition to SUHAKAM(Malaysian Human Rights Commission) on 10/8/2022. SUHAKAM will definitely meet with Sabri for their investigation, and if SUHAKAM decides to hold a Public Inquiry, which about 47 human rights groups and trade unions have called SUHAKAM, to do, then Sabri will also need to remain in Malaysia.
In the 92-page Complaint/Submission to SUHAKAM, which also highlights the human rights violations, Fundamental Liberties and Constitutional Rights violation will also be submitted to this Malaysian Parliamentary Special Select Committee.
Sabri is and will utilize most avenues of complaint and redress mechanisms for justice in Malaysia, and is also contemplating and preparing for court actions against perpetrators. To ensure effective protection of Fundamental Liberties and Constitutional Rights, Sabri needs to be allowed to remain in Malaysia. If the poor migrant is sent out of Malaysia, it may become almost impossible for him to enforce his rights guaranteed in Malaysia in the Malaysian Federal Constitution.
Forced Labour and Trafficking of Human Persons
It has come to our attention, that the Select Committee will be considering the issue of forced labour and trafficking of human persons, and we should draw the attention that Sabri(and possibly other migrant workers) at Fu Yee are victims of this issue. The employer is allegedly holding on to passports of migrant workers, which is an element of forced labour and can also be considered bonded labour. It certainly violates Malaysia’s Federal Constitution.
Article 6 of the Federal Constitution prohibits specifically slavery and ‘all forms of forced labour’. Our constitution and laws also guarantee freedom of movement.
Right to Be Brought Before Magistrate within 24 after arrest
Article 5(4) of the Constitution states that ‘Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate"s authority:…’ There is an exemption for those ‘…person, other than a citizen, who is arrested or detained under the law relating to immigration’, where in these cases, that persons only required to be brought before the Magistrate within 24 hours.
In Sabri bin Umar’s, he was arrested for a crime that was not an immigration offence, and as such, in compliance with Malaysian Constitution, he ought to be brought before the Magistrate within 24 hours, and further remand for purposes of investigation requires Magistrate’s orders. Hence, the fundamental liberties guaranteed by the Constitution to all persons was violated in Sabri’s case, where he was arrested on 5/4/2022 and was in police custody until 19/4/2022.
No FIR alleging Sabri was undocumented
Any investigation requires a First Information Report (or police report) alleging suspicion of the crime, and that is a pre-requisite before investigation commences. In the case of Sabri, that seems to be no police report alleging suspicion that he was undocumented or illegally in Malaysia. Further, the police were handed Sabri’s Indonesian Passport, which showed a still valid Social Visit Temporary Employment Pass by the Immigration. The Deputy Public Prosecutor on the day he was charged in court, also had in his possession Sabri’s current and a few past Passports, but it seems the said DPP did not even bring to the attention of the court the fact that Sabri was a properly documented migrant worker in Malaysia, which ended up with a wrongful conviction and sentencing of 11 months in prison and 5 whipping.
Whipped illegally despite pending appeal
On 23/6/2022, Sabri was wrongly and illegally whipped 5 times, despite the fact that Malaysian law specifically prohibits whipping if there is any appeal pending. There was an appeal that was filed on or about 22/4/2022, which was yet to be heard to date.
Thankfully, the High Court on becoming aware of the miscarriage of justice, call up Sabri’s case on 22/7/2022, and acquitted Sabri, and he was freed from prison.
Amending/Cancelling Permit Without Knowledge of Holder
Thereafter, because the employer had possibly caused Sabri’s work permit to be amended, without Sabri’s knowledge or consent, Sabri had no choice but to get immediately a Special Pass to legalize his presence in Malaysia, as he continues his quest for justice against the perpetrators which included officers in the police, immigration department, Public prosecutors, prison department, Tawau Session, Court and even his employers.
Sadly, the Malaysian Immigration Department seem to want Sabri out of Malaysia by issuing 2-week passes (instead of the usual 1-month pass), now on 2 occasions. We hope that Parliamentary Special Select Committee on Fundamental Liberty and Constitutional Rights will be true to their objects, and ensure that Sabri remains in Malaysia until his quest for justice, and recommend that the Immigration provides a Special Pass or some other permits that allows Sabri to stay legally in Malaysia.
It is no use to have provisions in the Malaysia Federal Constitution and other laws if the victims are not able to enforce these guaranteed rights and liberties. It makes a mockery to say that Malaysia is committed to human rights, if violators of rights get off scot-free simply because the victims are no longer in Malaysia, and have no ability, resources or monies to pursue their complaints and claims, where actual physical presence of victims is needed for investigation, inquiries and court matters is required. If Sabri was a rich man, he may still easily fly in and out of Malaysia, but Sabri is but a poor man, a migrant worker who has had no income since about March 2022.
Therefore, we
Call on the Malaysian Parliamentary Special Select Committee On Fundamental Liberty And Constitutional Rights to firstly ensure that Sabri will be allowed to stay in Malaysia legally to pursue justice, until all complaints and related cases, including his wrongful dismissal case is finished;
Call on the Parliamentary Special Select Committee On Fundamental Liberty And Constitutional Rights to also advice the Minister of Home Affairs, and the Minister of Human Resources, who they have summoned to appear before the Select Committee on 16/8/2022 to do the needful, to ensure not only that Sabri is allowed to stay until his quest for justice is achieved, but to also assist Sabri to achieve justice;
Call on the Parliamentary Special Select Committee on Fundamental Liberty and Constitutional Rights to also possibly look into this case of Sabri bin Umar, which is a rare opportunity, as many migrants whose rights and liberties are violated have already left the country or are too afraid to highlight the violations and fight for justice;
Call on the Parliamentary Special Select Committee on Fundamental Liberty and Constitutional Rights to also highlight this matter to other Members of Parliament, and urge Parliament to act to ensure Sabri Umar’s pursuit for justice and rights is not impeded; and
Reiterate our call to Malaysia and Indonesia to do the needful to ensure Sabri’s continued stay in Malaysia whilst he pursues his rights and claims for justice
Have rights and liberties in the Constitution and laws is meaningless if the victim’s access to justice is denied or impeded. Rights violations must be inquired into by relevant bodies or courts, and the perpetrators penalized and victims compensated to ensure justice.
Charles Hector
Apolinar Z Tolentino, Jr.
For and on behalf of the 25 organizations listed below
ALIRAN
MADPET (Malaysians Against Death Penalty and Torture)
Building and Wood Workers International (BWI) Asia Pacific Region
Sabah Timber Industry Employees Union (STIEU)
WH4C (Workers Hub For Change)
Black Women for Wages For Housework
Family Frontiers
Koalisi Buruh Migran Berdaulat (KBMB), Indonesia
Malaysian Trade Union Congress Sarawak (MTUC Sarawak)
National Union of Transport Equipment & Allied Industries Workers, Malaysia
Network of Action For Migrants in Malaysia (NAMM)
Octopus Union, Thailand
Parti Sosialis Malaysia
Payday Men’s Network (UK/US)
Persatuan Sahabat Wanita Selangor
Sabah Plantation Industry Employees Union (SPIEU)
Sarawak Bank Employees Union
Saya Anak Bangsa Malaysia (SABM)
Singapore Anti-Death Penalty Campaign
Suparada Fuangfu
Tenaganita
TIEUS - Timber Industry Employee Union Sarawak
Union of Forestry Employees Sarawak (UFES)
Wannida Arthitpong
Women of Color/Global Women’s Strike/UK/US
See earlier relevant posts:-
Sabri Umar's quest for justice continues to be hamperred as Immigration Department once again gives a 2-weeks Special Pass?
Sabri, Migrant Worker Wrongfully Whipped Before Appeal Heard - Statement of 45 Groups- 19/7/2022
Do not send recently acquitted wrongly convicted migrant worker out of Malaysia until he exercises his rights in Malaysian Courts and other avenues of justice - No attempts of ‘cover-up’ or preventing access of justice(19 Gps) - 24/7/2022
Malaysia wanting Sabri to leave Malaysia and not remain in Malaysia to pursue his rights against police and government agencies appaling - 29 Group Statement 4/8/2022
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