UPDATE - Sabri Bin Umar could not go to SUHAKAM, as he needed to go the Immigration Department on 10/8/2022 to extend, or get his Special Pass, which is required for him to legally remain in Malaysia. Sabri wants to get Justice, for the human rights violations he faced that were caused by government officers, court officers and even prosecutors from the Attorney General's Office.
On 11/8/2022, once again he was only given a 2-week Special Pass, just like before. The Immigration Department seems keen to send Sabri out of Malaysia and back to Indonesia.[Special Pas is normally for 1 month, where you pay RM100 each time]
Sabri has already filed a claim for reinstatement - and this matter is now in the process of being referred to the Industrial Court.
Sabri has filed a COMPLAINT/Petition to Malaysia's Human Rights Commission(SUHAKAM). SUHAKAM will now look into the matter, and will most definitely meet Sabri to verify the facts and to investigate.
To claim justice, all needs to be done in Malaysia, be it filing of complaints to SUHAKAM or other bodies in Malaysia with a duty to receive and investigate complaints. If Sabri, being a poor migrant worker, now unemployed and with no income since 4/4/2022 when he was arrested.... surely do not have the monies or the resources needed to travel back and forth to Malaysia for the investigations, for his court dates, and even for the SUHAKAM Public Inquiry, if SUHAKAM decides to hold it.
So, why do they want to send this confirmed human rights victim out of Malaysia? Is it to prevent his access to the avenues for justice in Malaysia? Are they hoping that once sent back to Indonesia, Sabri will abandon his quest for justice ....and the perpetrators of the rights violation will escape?
Remember, the Immigration Department is at fault - they provided the document the Court referred before conviction, which said that they had no records of Sabri's presence in Malaysia - which was FALSE. Immigration Department surely has the full records of a documented migrant worker in Malaysia. That document may have been the most influential evidence the Session Court Judge may have relied on and convicted him for being illegally in Malaysia - No one expects the Immigration Department or any government department/agency to provide a document that contains FALSE information. To date, the Immigration Department is yet to APOLOGIZE to Sabri - the action/omission led to Sabri being imprisoned from 19/4/2022 until 22/7/2022, and also being whipped 5 times ..
Let Sabri Bin Umar to stay in Malaysia until his quest for justice ends...stop trying to get Sabri out of Malaysia. Is Malaysia going to cover the cost of travel to and from Malaysia when Sabri's presence is required...I do not think so...
Malaysia should not avoid the repercussions of the wrongdoings of public officers and government Department/Agencies.
RESPECT SUHAKAM - everyone knows that SUHAKAM will investigate now >>> but if Sabri is out of Malaysia, how will SUHAKAM do so...how will the relevant investigating bodies proceed?
See earlier relevant posts:
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
Hold Suhakam inquiry into migrant's wrongful whipping - groups
Geraldine Tong
Published: Aug 10, 2022 2:47 PM
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Updated: 4:03 PM
Labour rights groups have urged a public inquiry to be held on “human rights violations” suffered by Indonesian migrant worker Sabri Umar.
In a memorandum to the Human Rights Commission of Malaysia (Suhakam), they said Sabri suffered wrongful arrest and whipping before his appeal was heard.
He was also wrongfully imprisoned for about 94 days, the groups said.
“We want Suhakam to hold a public inquiry into this matter because we believe this is not an isolated incident,” said Labour Law Reform Coalition (LLRC) co-chair Irene Xavier.
She was speaking outside the Suhakam headquarters in Kuala Lumpur today.
Also present were fellow LLRC co-chair Gopal Kishnam, Sabah Timber Industry Employees Union (Stieu) general secretary Engrit Liaw, Syarikat Buruh Kerakyatan Indonesia (Serbuk) representative Khamid Istakhori, and Building and Wood Workers’ International (BWI) regional representative Apolinar Tolentino.
Suhakam commissioner Mary @ Mariati Robert accepted the memorandum from the groups on behalf of the commission.
In the 92-page memorandum, the groups allege that Sabri possessed an employment pass that was valid from Jan 24, 2022, to Jan 24, 2023, at the time of his arrest.
They said Sabri, who is based in Tawau, Sabah, was wrongfully terminated by his employers on April 4 due to an alleged sexual offence which the worker has denied.
The groups pointed out that a person is presumed innocent until tried and convicted after a fair trial in court and that an employer’s conclusion that a worker is guilty of a crime cannot be grounds for termination.
Alleged sex offence
The day after his termination, the police arrested Sabri at his workplace, under Section 14(a) of the Sexual Offences Against Children Act 2017, after the employer and a mother lodged a police report. The mother purportedly withdrew the report later.
Sabri also alleged that he was assaulted by the police during questioning in an attempt to get him to admit to the sex offence, though he was never charged over it.
The groups said as Sabri was not arrested for violating immigration laws, he must be released or brought before the magistrate within 24 hours of his arrest - something which did not happen.
The groups also said the police communicated with the Immigration Department about the legality of Sabri’s presence in Malaysia as evidenced by an Immigration Department report dated April 12.
They doubted if the police handed over all relevant immigration documents to Immigration Department as well as whether they contacted the Indonesian consulate in Tawau to verify Sabri’s documents.
Indonesian migrant worker Sabri Umar after his release.
As such, they claimed Sabri was wrongfully charged and convicted for being an undocumented migrant on April 19 and was wrongfully sentenced to 11 months in prison and five strokes of the whip. Sabri was unrepresented at the time.
They also claimed that Sabri was wrongfully whipped on June 23, even though there was a pending appeal to a higher court for his case.
“We want Suhakam to look specifically at the wrongful arrest, wrongful detention in police custody, wrongful charging, wrongful conviction, wrongful imprisonment, and wrongful whipping, all of which were caused by the action or omission, intentionally or otherwise, by the police, prosecutors, Immigration Department, Prison Department, and the Session Court, possibly with the involvement of the employer,” they said.- Malaysiakini, 10/8/2022
Lelaki dipenjara, sebat secara salah tuntut inkuiri awam
KUALA LUMPUR: Seorang pekerja Indonesia menuntut inkuiri awam dilaksanakan selepas secara salah dipenjara dan disebat kerana didakwa tidak mempunyai pas pekerja sah.
Pada April, Sabri Umar ditahan lalu dijatuhi hukuman penjara 11 bulan dan lima sebatan rotan oleh mahkamah sesyen mengikut Seksyen 6(1)(c) Akta Imigresen.
Sementara menunggu rayuannya didengar, dia disebat di penjara Tawau, pada 23 Jun.
Mahkamah Tinggi Tawau membebaskan Sabri, pada Julai, selepas
peguamnya berjaya membuktikan dia mempunyai pasport Indonesia dan pas
pekerja sah daripada majikan, Fu Yee Corporation.
Setiausaha Agung Kesatuan Pekerja Perusahaan Kayu Sabah (STIEU) Ingrid Law, berkata beliau menyerahkan petisyen kepada Suruhanjaya Hak Asasi Manusia Malaysia (Suhakam), di sini, hari ini, menuntut inkuiri awam dibuat.
“Kami mahukan inkuiri awam diadakan secepat mungkin bagi Sabri kerana kami percaya ini bukan kes terpencil,” katanya.
Sabri tidak hadir pada penyerahan petisyen terbabit kerana menghadiri perkara penting di Sabah.
Petisyen itu, ditandatangani lebih 40 NGO, mendakwa Sabri dibawa di hadapan majistret dalam tempoh 24 jam selepas ditahan dan diruduh secara salah, serta dijatuhi hukuman kerana berada di Malaysia secara haram.
Petisyen berkenaan juga mendakwa rakyat Indonesia itu diserang dan didera ketika berada dalam tahanan polis dan secara salah dipenjara selama 94 hari, bermula 19 Apr hingga 22 Jul.
Kandungan petisyen turut mendakwa Sabri pada mulannya disoal siasat polis selepas majikannya memfailkan laporan terhadapnya atas tuduhan kesalahan seksual.
Sabri bagaimanapun menafikan tuduhan terbabit dengan petisyen mendakwa polis secara paksa menyuruhnya mengakui kesalahan itu ketika siasatan. Namun, dia tidak dikenakan tuduhan bagi kesalahan yang dikatakan itu.
Pihak lain yang hadir ketika menyerahkan petisyen itu adalah Serikat Buruh Kerakyatan Indonesia (Serbuk) Khamid Istakhori, wakil serantau Pekerja Bangunan dan Kayu Antarabangsa, Apolinar Tolentino dan pengerusi bersama Labour Law Reform, Irene Xavier. - Free Malaysia Today, 10/8/2022
Rights and union groups seek public inquiry into Indonesian migrant worker’s conviction
KUALA LUMPUR, Aug 10 — Rights and union groups have submitted a complaint of wrongful conviction on behalf of Indonesian migrant worker Sabri Umar to the Human Rights Commission of Malaysia (Suhakam).
In the complaint, the groups called on Suhakam to hold a public inquiry on the alleged human rights violations suffered by Sabri, who is also a member of the Sabah Timber Industry Employees Union (STIEU).
According to the groups, Sabri was wrongfully arrested and detained from April 5, 2022 to April 19, 2022.
The alleged human rights violations faced by Sabri are said to include assault and torture while under police custody, being wrongfully charged as staying in Malaysia illegally, and being wrongfully whipped before his appeal was heard and determined.
Sabri was convicted and sentenced to 11 months in prison (from April 19, 2022 to July 22, 2022) and five strokes of the whip.
In the complaint submitted to Suhakam, Sabri and the groups alleged that the violators were the police, Immigration Department (Sabah Immigration Department), the public prosecutor, Tawau Prison, Tawau Sessions Court, the lawyer and officer(s) of the Indonesian Consul in Tawau and possibly the employer (Fu Yee Corporation Sdn Bhd).
According to the complaint, Sabri was wrongfully charged and convicted by the Tawau Session Court for being an undocumented migrant for the offence of violating Section 6(1)(c) of the Immigration Act 1959/63 on April 19, 2022.
“The police at the point of arrest had Sabri’s Indonesian passport, with his PLKS information.
“Pages of Sabri’s current and some past passports, together with the relevant PLKS, the most recent issued on employment pass was dated January 24, 2022 valid until January 24, 2023,” said representatives of the groups who were present at Suhakam’s headquarters today.
The complaint was received by Suhakam commissioner Datuk Mary @ Mariati Robert.
“We want Suhakam to look specifically at the wrongful arrest, wrongful detention in custody, wrongful charging, wrongful conviction, wrongful imprisonment, and wrongful whipping, all of which was caused by the action/omission, intentionally or otherwise, by the police, prosecutors, Immigration Department, Prisons Department and the Sessions Court, possibly with the involvement of the employer.
“We also want Suhakam to look at the failings of the lawyer and the officers of the Indonesian Consul that resulted in Sabri spending more time in detention and being whipped, as the lawyer and consul officers became aware of the case on or about April 22, 2022,” the groups said.
In the complaint, a petition of appeal to the High Court was filed on or about April 22, 2022 and had still yet to be heard until July 22, 2022.
Despite the hearing not being held, Sabri was whipped.
“This was in violation of the law that states that the sentence of whipping cannot be carried until the appeal is heard and determined.
“Sabri was whipped according to the Prisons Department, because the Sessions Court informed them that there were no appeals,” the groups said.
On July 22, 2022, the High Court called up the case for revision and Sabri was acquitted and released from prison and has since applied for a Special Pass.
“The Immigration Department wrongly did not issue the normal one-month Special Pass, but only Special Pass for two weeks.
“The immigration officer had told Sabri that the two-week pass was sufficient to make arrangements to leave Malaysia.
“(However) Sabri does not want to leave Malaysia, he intends to stay and work legally to pursue his rights, including his claim for reinstatement, which is now about to be referred to the Industrial Court,” said the groups.
Sabri was an employee at Fu Yee Corporation Sdn Bhd in Tawau, Sabah since January 28, 2016 until the date of his alleged wrongful termination on April 4, 2022.
According to the groups, there was no show-cause letter or domestic inquiry before the wrongful termination.
They also stressed that the purported reason seemed to be an allegation of crime, but a person is presumed innocent until they are tried and convicted after a fair trial in court.
“An employer’s conclusion that a worker is guilty of a crime cannot be a ground for termination of employment.
“Sabri denies committing any crime,” the groups said.
At present, Sabri is claiming for reinstatement under Section 20 of the Industrial Relations Act 1967.
Sabri is also an active union member of STIEU and STIEU is in the process of seeking recognition by the employer, opposing and trying to set up an in-house union.
Past actions have been taken against STIEU members
and the group claimed that Sabri’s targeting could be related, and a
form of union busting. - Malay Mail, 10/8/2022
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