It is good that Media reported the statement of now 28 groups PM Anwar Ibrahim and Malaysia needs to ensure justice be done to documented migrant worker Sabri, who was wrongly convicted, imprisoned and WHIPPED for being illegally in Malaysia(28 Groups)
See below also a Malaysiakini report in August 2022 - Wrongfully jailed: 'I was among 35 inmates whipped on same day'
Groups call for RCI on wrongfully jailed, whipped Indonesian worker
The
various rights NGOs and union bodies urge Prime Minister Anwar Ibrahim
to offer Sabri Umar an apology on behalf of Malaysia.
FMT Reporters - 22 Jun 2023, 10:30am
Indonesian
worker Sabri Umar after he was acquitted by the Tawau High Court last
July. (Malaysians Against Death Penalty and Torture pic)
PETALING
JAYA: Over two dozen rights NGOs and union bodies have called for the
government to set up a royal commission of inquiry (RCI) to probe a case
involving an Indonesian worker who was wrongfully imprisoned and
whipped for allegedly not having a valid work pass.
“We call on
Malaysia to set up a RCI and look into the case of Sabri Umar and other
rights violations that may have befallen many other migrant workers,”
the 27 groups said in a joint statement.
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They
said the current position of Malaysia seems to be the speedy
repatriation of migrant workers despite them having outstanding claims
against their immediate or past employers.
“This policy must
change, and there must be no repatriation of migrant workers or foreign
nationals until the human resources ministry determines that there are
no outstanding or pending employment related claims against their
employers,” the groups said.
The groups added that the home
ministry must also determine that there are no outstanding claims
against others, or that the migrant worker is not needed as a witness in
any other cases.
The groups urged Prime Minister Anwar Ibrahim
to offer an apology to Sabri on behalf of Malaysia, adding that
“offering some compensation would also be just”.
The signatories
to the statement include Aliran, Malaysians Against Death Penalty and
Torture (Madpet), North South Initiative (NSI), Sabah Timber Industry
Employees Union to Union (Stieu), Saya Anak Bangsa Malaysia (SABM) and
the Teoh Beng Hock Trust for Democracy.
In April 2022, Sabri was
arrested and then sentenced to 11 months in prison and five strokes of
the rotan by a sessions court under Section 6(1)(c) of the Immigration
Act.
While waiting for his appeal to be heard, he was whipped in the Tawau prison on June 23.
The
Tawau High Court acquitted him in July after his lawyer managed to
prove that Sabri had a valid Indonesian passport and a work pass from
his employer, Fu Yee Corp.
Upon release, Sabri needed a special
pass to remain in Malaysia for one month to pursue justice, but was only
given a two-week pass by the immigration department. This happened
twice, and appeals were made to the home ministry but Sabri has yet to
receive a decision on his appeals.
In August 2022, Sabri
commenced a legal suit at the Tawau High Court against the home
minister, the Sabah chief minister, the immigration department, and
others, seeking a court order asking the minister to state his decision
on Sabri’s two appeals against the immigration department’s decisions.
Sabri also filed a claim for reinstatement at the Industrial Court in May, but the case has yet to be heard.
The
Tawau High Court dismissed Sabri’s application for a court order that
would allow him to stay in the country legally until “his quest for
justice is over”. Sabri then appealed to the Court of Appeal. - FMT, 22/6/2023
27 civil society groups demands justice for wrongfully convicted migrant worker in Malaysia
Civil Society
Photo on the right, Sabri Umar released from detention.
22 June 2023
By The Online Citizen
0
KUALA
LUMPUR, MALAYSIA — A coalition of 27 groups, trade unions, and
organizations have issued a public statement demanding justice for Sabri
Umar, an Indonesian migrant worker who has reportedly been wrongfully
convicted and brutally punished in Malaysia.
The statement calls
on Prime Minister Anwar Ibrahim and the Malaysian government to rectify
what they describe as a “gross miscarriage of justice.” Sabri Umar, who
had been lawfully employed in Malaysia for about seven years, was
wrongfully charged and convicted for residing in Malaysia illegally.
He
was whipped five times at Tawau Prison on June 23, 2022, and sentenced
to 11 months of imprisonment by the Sessions Court on April 19, 2022.
According
to the groups, Sabri was arrested at his workplace following an alleged
sexual assault complaint filed by his employer, Fu Yee Corporation.
Despite being presented with Sabri’s valid passport at the time of
arrest, the authorities proceeded with the charges.
The Deputy
Public Prosecutor, in possession of Sabri’s valid passport and work
permit endorsed by the Immigration Department, continued with the
charges. The undersigned groups question this decision, as the evidence
clearly proved Sabri’s legal status in the country.
Furthermore,
the Immigration Department tendered a document in court claiming no
records on Sabri existed, contributing to his conviction. The coalition
condemns this action and has expressed disappointment with Fu Yee
Corporation for failing to notify the courts or authorities about
Sabri’s wrongful conviction.
The groups also underline the role
played by Sabri’s Union, the Sabah Timber Industry Employees Union
(STIEU), in bringing this issue to the fore. After their intervention,
the High Court called up the case for revision and acquitted Sabri on
July 22, 2022.
However, Sabri has encountered ongoing
difficulties since his release, including short-term special passes from
the Immigration Department and an unsuccessful High Court application
to remain in Malaysia legally until his quest for justice is complete.
Fearing further arrest and harassment, Sabri has temporarily returned to
Indonesia.
The groups accuse the National Human Rights
Commission (SUHAKAM), the Malaysian Parliament, and the Home Minister of
inaction regarding Sabri’s case, thus putting the onus on Prime
Minister Anwar Ibrahim to intervene.
The statement stresses that
failure to ensure justice in such cases could inadvertently encourage
further rights violations and exploitation in Malaysia.
To
prevent this, the undersigned groups call on the government to establish
a Royal Commission of Inquiry to investigate Sabri’s case, and others
like it, and to review the current policy of repatriating migrant
workers with outstanding claims or cases.
The statement concludes with an urgent call for a public apology and appropriate compensation for Sabri.
The
groups demand action against those responsible and reiterate the need
for a Royal Commission of Inquiry. They urge Malaysia, as a member of
the United Nations Human Rights Council, to set an example by actively
promoting and defending human rights of all, including migrant workers
and foreign nationals.
The following are the 27 group signatories:
ALIRAN
Banglar Manabadhikar Suraksha Mancha(MASUM), India
Black Women for Wages for Housework
Building and Wood Workers International (BWI) Asia Pacific
Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
Global Women’s Strike
Haiti Action Committee
International Women’s Rights Action Watch Asia Pacific (IWRAW AP)
Japan Innocence and Death Penalty Information Center
Labour Law Reform Coalition, Malaysia
Legal Action for Women, UK
MADPET (Malaysians Against Death Penalty and Torture)
Migrant Care, Indonesia
Network of Action For Migrants in Malaysia(NAMM)
North South Initiative, Malaysia
Payday Men’s Network (UK-US)
Persatuan Komuniti Prihatin Selangor & Kuala Lumpur
Persatuan Sahabat Wanita Selangor(PSWS), Malaysia
Programme Against Custodial Torture & Impunity (PACTI), India
Sabah Plantation Industry Employees Union (SPIEU)
Sabah Timber Industry Employees Union to Union (STIEU)
Safety and Rights Society (SRS), Bangladesh
Saya Anak Bangsa Malaysia (SABM)
Teoh Beng Hock Trust for Democracy
Union of Forestry Employees Sarawak (UFES)
WH4C (Workers Hub For Change)
Women of Color-Global Women’s Strike, US/UK - TOC, 22/6/2023
PM is urged to intervene in the wrongful conviction of Indonesian worker
By NURUL ATIKAH SARJI
23 Jun 2023 08:12pm
According
to the statement, on June 23, 2022, Sabri Umar was wrongfully charged
and convicted for residing in Malaysia illegally whipped five times at
Tawau Prison and having been lawfully employed in the country for about
seven years. Filepic
SHAH ALAM - Prime
Minister Datuk Seri Anwar Ibrahim is urged to ensure justice is served
for Indonesian migrant worker Sabri Umar, who was wrongfully prosecuted
and punished in Malaysia.
Twenty-eight civil society groups have
jointly issued a statement today, demanding justice for the migrant
worker who suffered the ordeal exactly one year ago.
In the
statement issued today, Sabri was wrongfully and illegally whipped five
times, was wrongly charged, convicted, and sentenced to 11 months in
prison and five strokes of whipping for being illegal on April 19, 2022,
by the Sessions Court, and was wrongfully and illegally whipped five
times at Tawau Prison on June 23, 2022.
This was even though he had been lawfully employed in the country for about seven years.
"In
fact, Sabri's valid passport and work permit, which proved his legal
status, were presented to the authorities at the time of his arrest, but
the charges were still pursued.
"He was wrongfully prosecuted
and given a sentence of 11 months in prison and five strokes of the whip
on April 19, 2022, by the Sessions Court, and the groups claimed it was
a gross miscarriage of justice," the statement read.
The
coalition also criticises the Deputy Public Prosecutor for proceeding
with the charges despite possessing Sabri's valid documents.
Also, the Immigration Department's negligence in claiming that there were no records of Sabri's existence caused his conviction.
"It
is disappointing that the employer, one Fu Yee Corporation, who ought
to be aware that Sabri was indeed a legal migrant worker in Malaysia,
failed to inform the courts and other authorities that Sabri was
wrongfully convicted and sentenced for being illegally in Malaysia.
"An employer’s obligation to a migrant worker is until the worker is safely back in his country of origin," it said.
Meanwhile,
the Sabah Timber Industry Employees Union (STIEU) intervened in the
case, leading to his acquittal by the High Court; however, the statement
mentioned that Sabri has faced ongoing difficulties since his release,
including short-term special passes and an unsuccessful High Court
application to remain in Malaysia legally until his quest for justice is
complete.
The groups also criticised the National Human Rights
Commission (SUHAKAM), the Parliament, and the Home Minister for their
alleged inaction in Sabri's case, calling out to Anwar to intervene.
To
address the situation and prevent similar violations in the future, the
coalition demands the establishment of a Royal Commission of Inquiry to
investigate Sabri's case and others like it.
"There should also
be a review of the current policy of repatriating migrant workers with
outstanding claims or cases," it added.
The organisations
emphasised Malaysia's position as a member of the United Nations Human
Rights Council and pushed for action against those involved.
The 28 civil societies are as follows;
ALIRAN
MADPET (Malaysians Against Death Penalty and Torture)
Building and Wood Workers International (BWI) Asia Pacific
WH4C (Workers Hub For Change)
Banglar Manabadhikar Suraksha Mancha(MASUM), India
Black Women for Wages for Housework
Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
Global Women’s Strike
Haiti Action Committee
International Women's Rights Action Watch Asia Pacific (IWRAW AP)
Japan Innocence and Death Penalty Information Center
Labour Law Reform Coalition, Malaysia
Legal Action for Women, UK
Migrant Care, Indonesia
Network of Action For Migrants in Malaysia(NAMM)
North South Initiative, Malaysia
Payday Men’s Network (UK-US)
Persatuan Komuniti Prihatin Selangor & Kuala Lumpur
Persatuan Sahabat Wanita Selangor(PSWS), Malaysia
Programme Against Custodial Torture & Impunity (PACTI), India
Sabah Plantation Industry Employees Union (SPIEU)
Sabah Timber Industry Employees Union to Union (STIEU)
Safety and Rights Society (SRS), Bangladesh
Saya Anak Bangsa Malaysia (SABM)
Tenaganita, Malaysia
Teoh Beng Hock Trust for Democracy
Union of Forestry Employees Sarawak (UFES)
Women of Color-Global Women’sStrike, US/UK - The Sinar Daily, 23/6/2023
News
Wrongfully jailed: 'I was among 35 inmates whipped on same day'
S Vinothaa
Published: Aug 17, 2022 7:45 AM
⋅
Updated: 10:05 AM
The
Indonesian migrant worker who was wrongfully imprisoned and whipped
said he was among 35 other Tawau Prison inmates who were whipped on the
same day, one after another.
Recalling his harrowing experience
waiting for his turn to be whipped, Sabri Umar said all the inmates were
asked to strip with only a piece of cloth to cover their private parts.
“We
took turns to step onto a wooden frame and our legs were spread apart
but not bound. Our hands were spread upward and tied to the frame we
were standing on.
“They untied us after the caning and told us to
put on our shirts back while we waited in a group and watched others
being caned,” described the 31-year-old, his voice quavered as if he was
reliving the horror again.
Sabri said it was a terrifying moment being gathered in the same area and witnessing others before him being caned.
“Many of them screamed and cried, but those who were stronger didn’t cry. I remember one person receiving 10 strokes that day.
“After
being caned, I immediately felt drained of all my energy. The cane tore
the skin on my buttocks and I started to bleed after a few minutes.
“I could not sit for the next 10 days and I slept facing down to avoid making my wounds worse,” Sabri recalled.
Sabri’s woes
Over
a period of just four months since April, the former employee of a
plywood factory in Kalabakan in Tawau, Sabah, was wrongfully terminated
of his employment, arrested and wrongfully detained by the Tawau police.
Sabri
was investigated under Section 14(a) of the Sexual Offences Against
Children Act 2017 but eventually charged and sentenced under Section
6(1) (c) of the Immigration Act 1959/63.
He claimed to be
innocent of both charges, but the Sessions Court sentenced him to 11
months in jail and five strokes of the cane.
Four months after his arrest, Sabri was acquitted
by the High Court in Tawau, but he lived in constant fear of a
re-arrest under the sexual offence and of finding himself behind bars as
swiftly as he was put there the first time.
Owing to the swift
manner by which he was imprisoned and sentenced, Sabri agreed that there
was a high possibility that there were other wrongfully imprisoned
inmates in the Tawau Prison.
Sabri, who now has the support of the Indonesian Consulate in Tawau, was administered five strokes of the cane despite a pending notice of appeal and he told Malaysiakini that he would seek justice.
For
two days after the whipping, Sabri was running a fever and he only took
the yellow medicine handed to each inmate after the caning.
He alleged that they received no other medications and some inmates who also had fever were asked to just take a cold shower.
After his acquittal, he went to see a doctor and get himself checked as he was experiencing pain when urinating.
The
consul at the Indonesia Consulate in Tawau, Heni Hamidah, told
Malaysiakini that they sent Sabri for a second medical test on Monday to
find out the extent of the complications resulting from the whipping.
‘Ratify UN Convention against torture’
Criminal
lawyer Michelle Rossana Usman from Kota Kinabalu, who was engaged to
represent the migrant worker by the Sabah Timber Industry Employees
Union of which Sabri is a member, noted Malaysia’s notoriety for its
flogging practices.
Quoting a statistic by Amnesty International,
Michelle said the international human rights organisation estimates
that as many as 10,000 people are subjected to caning in Malaysia every
year, most of whom are foreign nationals.
"Sabri was
unfortunately whipped for an offence that he could not have been guilty
of as he had proper documentation to enter Malaysia as a migrant worker.
"It
is high time Malaysia ratifies the UN Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
"The government also needs to ratify the International Covenant on Civil and Political Rights," she stressed.
Michelle,
who is a member of the Sabah Human Rights Centre, pointed out that
Sabri's case was an example of a workers' union member who was
wrongfully charged with crimes he was not guilty of.
"What about the thousand others who are charged in our courts but are not represented at all?" she asked.
Michelle
urged the government to amend existing legislation to treat immigration
violations as administrative offences, rather than crimes punishable
with imprisonment and caning.
Tawau PrisonJudicial caning in Malaysia and Saudi Arabia
Judicial caning in Malaysia is meted out for more than 60 criminal offences such as drug trafficking, rape, illegal entry into Malaysia under the Immigration Act 1959/63 and making false passports under the passport Act 1966.
According to the Amnesty International Report 2020/21, the judicial caning sentence was also meted out to Rohingya refugees during the pandemic.
Following protests from local activists, the sentence was set aside for the 27 Rohingya refugees at a hearing in the High Court in Alor Setar in 2020. However, the migrants continued to be caned, in addition to their prison sentences for illegal entry into Malaysia.
The 27 refugees, who were among 40 refugees convicted by a Magistrate’s Court in Langkawi for entering Malaysia without a valid permit, had obtained legal representation to appeal.
The 40 were also sentenced to seven months in jail.
The High Court in Alor Setar decided that caning would be inhumane as the men were refugees with no prior history of criminal activity or violence.
Meanwhile, a country that was known to carry out flogging in public squares, Saudi Arabia, abolished that corporal punishment in April 2020.
Crown Prince Mohammed Salman has spared the rod and offenders will instead be fined or receive jail sentences.
- Malaysiakini, 17/8/2022
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