Has the media been 'advised' not to cover Leptospirosis outbreak in Juru Detention except...that the sick are getting better?

Leptospirosis outbreak in Malaysian Detention Centre for undocumented migrants shocked 123 civil society groups from all over the world, that issued a joint statement on 23/5/2009. - And, of course Malaysian media did not carry the statement.

The statement was also handed over to SUHAKAM on 25/5/2009, and the media was informed about this - and again the media did not carry this event.

The statement with the additional 10 names, was again re-issued on 26/5/2009, and again the Malaysian media did not carry it.

Today(27/5/2009), a group of Malaysian NGOs will be submitting another memorandum about the Leptospirosis outbreak to SUHAKAM - I hope the media carries this story...

We would not have known about this if not for the Star news paper had not highlighted the matter, and told us about the outbreak and the subsequent 2 deaths. Thank you STAR...

But alas, this outbreak and deaths that infuriated people from across the globe, was just not covered by the local media - only the National News Agency seem to have those reports (which can only be accessed online). Sadly, the print media was no more interested (or were they just 'advised' not to cover the story).

Malaysia, sadly, has a habit of 'covering up' diseases and deaths caused by disease, industrial accidents, and police action.

Why? To protect and propagate a clean beautiful image of the country t0 attract tourist...or just to hide failings of government from its people. Outbreaks of dengue and deaths have also been many a time not reported.

This time, the death by reason of Leptospirosis, may have been reported because there was much hue and cry about that A(H1N1) flu,. and suddenly our reporters, as it was the in thing, started reporting of disease outbreaks - Leptospirosis, Meningitis, (1 died,) respiratory tract infections, etc..

The public has a right to know the truth...and the journalist and media companies have a duty and a obligation to not merely report the truth and facts - but also to do a bit of analysis as to the causes, and the persons responsible...

Follow-up news about the Leptospirosis seem to be just about numbers of persons getting better..

What brought about the outbreak? Who will be responsible for the neglect that resulted in death and sufferings? Most importantly, what will be the measures taken to prevent similar outbreaks and deaths in places of detention in Malaysia? - But alas, Malaysia's mainstream media is just not interested...(or have they been 'advised' by the government not to, for after all permits need to be re-applied every year, and in 1987 Star lost its permit for about 2 months because of the truth they published...)

It is interesting that all the rest recovered and are fine - and that makes one wonder , or rather believe, that the 2 Burmese migrants would not have died if they had speedier access to healthcare. [Remember, this is, most likely, not a disease they contracted before detention, as they have been in Detention for some time - "..Sa La Hin, 26, who had been detained in the camp since January..."

The symptoms would have manifested much earlier - and the question is when were those who died sent to hospital. When did the detaining authority detect the symptoms, and what did they do....

A collection of news reports, is attached below... (see also earlier posts, including:-

10 more join 113 in global concern about healthcare in Malaysia's detention places - 2 deaths Leptospirosis

What is the media interested in these days? Issues of farmers, migrants, detainees, etc.. are all not getting covered...

2nd Burmese dies in ' unhygienic' Malaysian Detention Centres - Leptospirosis

Now migrants are dying in Detention Centres because of diseases transmitted by 'animal urine contaminated water'...

The Health Ministry announced today that the Leptospirosis outbreak in the Juru Detention Camp, Bukit Mertajam, Penang is now stable and under control.

Health Director-General Tan Sri Dr Mohd Ismail Merican said no new cases have been reported.

"Until 8am today, the number of Leptospirosis cases being treated at the hospital remains at seven. All six cases treated at the Bukit Mertajam Hospital isolation ward and a case treated at the Seberang Jaya Hospital's intensive care unit (ICU) have been shifted to normal wards," he said in a statement here. - Bernama, 24/5/2009, Leptospirosis Cases In Juru Reported Stable

And, on 23/5/2009, the Star reported:-

Two Leptospirosis patients, treated at the isolation ward of Bukit Mertajam Hospital, Penang were discharged Saturday, said Director General of Health Tan Sri Dr Mohd Ismail Merican.

He said the remaining seven Leptospirosis patients from the Immigration detention centre at Juru, Bukit Mertajam were in stable condition and that the situation was under control.

"Six patients are being treated at the isolation ward of Bukit Mertajam Hospital (one was transferred from ICU Friday) and another is treated at the ICU ward of Seberang Jaya Hospital," he said in a statement here Saturday. - Star, 23/5/2009, Two Leptospirosis patients discharged from hospital

And, on 20/5/2009, Bernama report

One of nine Leptospirosis patients under treatment at two hospitals in Seberang Prai, Penang is still in critical condition.

Health director-general Tan Sri Dr Mohd Ismail Merican said the patient was treated at the Intensive Care Unit (ICU) of Seberang Jaya Hospital.

"Eight patients are being treated at Bukit Mertajam Hospital, one in ICU ward and seven in isolation ward. They are in stable condition," he said in a statement here Wednesday.Bernama, 20/5/2009, Leptospirosis Patient Still Critical

19/5/2009 - Star Report

A second Myanmar illegal immigrant in the Juru detention camp in Central Seberang Prai here has died of Leptospirosis.

Immigration Department director-general Abdul Rahman Othman said that the immigrant, Sa La Hin, 26, who had been detained in the camp since January, succumbed to the contagious bacterial disease late Sunday at the Bukit Mertajam Hospital.

Last Tuesday, Myanmar detainee Thang Hoih Ping, 21, died of the disease in the same hospital following an outbreak in the camp.

Abdul Rahman said that as at 11am Tuesday, 24 detainees were still warded, including one in the Seberang Jaya Hospitals intensive care unit.

Of the 24 detainees, 22 are Myanmar nationals and two are Bangladeshis.

Deeply concerned over the situation, Abdul Rahman ordered all migrant detention camps in the country to increase hygiene standards and cleanliness levels, including the preparation of food and drinks.

“We have yet to obtain an official report from the Health department on the two deaths as well as the actual cause of the outbreak.

“However, we have taken precautionary measures by stationing a medical team on daily shift duty at the Juru camp to closely monitor the situation,” he said.

Not ruling out the possibility that the disease could have been transmitted from the immigrants, Abdul Rahman said that according to standard operating procedures, a medical officer usually visited the camp once a week.

However, since the outbreak, the department had opened the doors of its detention camps nationwide for health officials to come in and provide necessary medical assistance, he said.

He also said the Juru camp’s catering tender might be reviewed if the cause of the outbreak pointed to contamination of its food and drinks.

Abdul Rahman, however, discarded over-crowding as among the reasons for the widespread of the disease, noting that the Juru detention camp merely had an additional 53 detainees compared to its 500 detainee-capacity.

He also sought the co-operation of the Myanmar embassy, to help contact the next-of-kin of the two deceased detainees to enable their bodies to be sent back immediately. - Star, 19/5/2009, Leptospirosis kills 2nd Myanmar illegal immigrant (Update)

15/5/2009 - Star Report

A 21-year-old Myanmar illegal immigrant from the Juru Detention Camp died of leptospirosis in Bukit Mertajam Hospital on Tuesday.

Twenty-four people were admitted at the Bukit Mertajam Hospital and another two at the Seberang Jaya Hospital, said State Health, Welfare and Caring Society Committee member Phee Boon Poh on Friday.

Leptospirosis is a rare, severe, and contagious bacterial infection caused by exposure to the bacteria which can be found in fresh water contaminated by animal urine. It occurs in warm climates.

The statement said that the Myanmar immigrant was hospitalised on May 7 suffering from fever, lethargy and other symptoms consistent with Leptospirosis.

More cases emerged and the affected people hospitalised.

The statement said that the camp has been disinfected including bathrooms and toilets.

Samples have been taken from all water sources, including all water tanks and sources of drinking waters for evidence of the bacterial contamination.

All inmates were being monitored daily, the statement said. - Star, 15/5/2009, Leptosprosis kills Myanmar immigrant; 26 hospitalised

Najib and Israel sounds alike - Has Malaysia become a lapdog of US? - Korean Nuclear Test & NPT

Malaysia must stop foolishly following the crowd - and dancing to the tunes played by the US....especially on the issue of nuclear weapons...

Malaysia has expressed concern over North Korea's latest nuclear test, with Prime Minister Datuk Seri Najib Tun Razak saying it could destabilise the Korean peninsula.

"I'm concerned that North Korea's display of nuclear capability will further heighten the tension in the Korean peninsula and affect the whole East Asian region," he told reporters.

Najib was asked to comment on Pyongyang's announcement Monday that it had successfully carried out an underground nuclear test, an act which received worldwide condemnation.

North Korea declared that "The current nuclear test was safely conducted on a new higher level in terms of its explosive power and technology."

This is North Korea's second nuclear test after the one in 2006.

Najib hoped that the issue could be dealt with through the six-party talks as well as through the United Nations Security Council. - Star, 26/5/2009, M’sia concerned over N. Korea’s nuclear test

Guess what, .... Najib's position is also consistent with Israel's position...

Israel viewed the nuclear test of the Democratic People's Republic of Korea (DPRK) with "extreme gravity," Israeli Foreign Ministry said Monday in a statement.

The statement was released after the DPRK said earlier Monday it successfully conducted a nuclear test, which aroused immediate concerns and various responses from the international community.

Israel was a partner to the international concern over the DPRK's action, said the statement, adding that the Jewish state is concerned about the DPRK's nuclear proliferation, which has negative ramifications for the Middle East region.

In the statement, Israeli Foreign Ministry said it expected the international community to act "with determination" to the DPRK nuclear test, "in order to send a message to other countries."- May 25 (Xinhua), Israel views DPRK nuclear test with "extreme gravity"

Najib, how can you call on that undemocratic and certainly biased UN Security Council to deal with this. Ask instead for the UN General Assembly to look into it...

Are you also not aware of the fact that North Korea has walked out of that 'six-party talks' - and surely this issue of nuclear weapons should be a concern for all nations - not just 6 parties..China, Japan, Russia, South Korea, U.S. What exactly is the US doing there? The other nations are neighbours of North Korea...so it is OK. Is the US representing the rest of the world? If there is going to be a 6th party, should it not be the UN? Or maybe we need more parties - like EU, ASEAN, etc...

We are talking about nuclear arms here, and usage of it will affect the globe...

Iran and North Korea have been discriminated against when it comes to issue of developing nuclear energy capabilities, developing long-range rocket capabilities, ..and even developing and possessing nuclear weapons.

What about ISRAEL - who recently declared that it had nuclear weapons. Where is that UN and US condemnation of Israel? Where is that call for dis-armament? Where is those UN observers...

The US and Israel are allies – a mantra repeated by virtually all American politicians, but not carefully analysed. There is a "special relationship", though not in the conventional meaning of the term as used by Aipac (the American-Israel Public Affairs Committee): the US finances and arms Israel, and the latter is the (sometimes) grateful recipient of American beneficence. Without US support, Israel would be reduced to a minor power. It would be unable to finance the occupation, the settlements in the West Bank and, of course, its nuclear arsenal. Using this leverage, the Obama administration can and should impose on Israel a policy of nuclear disarmament. - Guardian, 22/5/2009, US must rein in Israel's nuclear arms

And, now we know that the US (the country with the largest number of nuclear weapons) was fully aware of this fact since 1975. The declassification of large numbers of formerly highly classified US government documents has revealed this. Today, it is estimated that Israel has more nuclear arms compared to India, or Pakistan. [See table below that was obtained from website http://www.fas.org/nuke/guide/israel/nuke/ ] And, given the nature of Israel, and the fact that it has acted with impunity and mercilessly repeatedly with regard its neighbouring states makes it even more necessary for immediate action to dis-arm Israel's nuclear arsenal now...



But alas, the US and the UN seek only to focus world attention on Iran, North Korea...and not Israel.

Let's not forget that US has also NOT been disarming as agreed to in the Nuclear Non-Proliferation Treaty. In fact, US have been developing new nuclear weapons...US has also, it is said, to have placed nuclear arms in the hands of NATO member countries - again something that goes against the NPT. As an example, just read the World Council of Churches 2004 Statement, which will give you an idea of US and other states transgressions... [One cannot say that there is any anti-US or 'islamic' or 'anti-semitic' statement now...]

Statement by the WCC Executive Committee, Geneva, 17-20 February, 2004

The Executive Committee of the World Council of Churches, meeting in Geneva
from 17-20 February, 2004,

Affirming yet again our belief that the only ultimate protection against nuclear
weapons is their total elimination;

Responding to the urgent public concern given to nuclear weapons and the risk
of proliferation of these weapons;

Reaffirming the persistent witness of the churches, that nuclear weapons cannot
bring security and that nuclear arsenals "deliver only insecurity and peril through
their promise to annihilate life itself and to ravage the global ecosystem" through
which God sustains all earthly life;

Recognizing the suffering of the many victims of nuclear testing, in particular
in the Pacific and the former Soviet Union;

Recalling the "Statement on Nuclear Disarmament" of the WCC Central Committee
(29 January-6 February, 2001) that the post-Cold War opportunity to make major
advances toward the elimination of nuclear weapons is being lost due to the failure
of states to honour their unambiguous obligations under the Nuclear Non-
Proliferation Treaty (NPT) and the undertakings solemnly agreed to in the May
2000 NPT Review Conference; and

Noting that the forthcoming 2005 NPT Review Conference affords a new opportunity
to reinvigorate nuclear disarmament commitments and efforts;

The Executive Committee:

Reiterates its grave and ongoing concern that certain policies and practices of
nuclear weapon-states undermine international progress towards nuclear disarmament,
and draws attention to:

• Continuing efforts by the United States to develop new generations of nuclear weapons;
• The abrogation by the United States of the Anti-Ballistic Missile Treaty, and US pursuit of strategic ballistic missile defence in spite of is destabilizing impact on the international strategic environment;
• Assertion by the United States of nuclear use doctrines, including threats to use nuclear weapons against non-nuclear-weapon states party to the NPT, that undercut negative security assurances;
• The failure of China, India, Israel, Pakistan, North Korea and the United
States to ratify the Comprehensive Test Ban Treaty;
• The revival of the uranium enrichment programme of North Korea;
• Russia's failure to undertake verifiable reductions of its non-strategic nuclear
weapons;
• The dangerous practice in Russia and the United States of maintaining strategic weapons on ongoing high alert status;
• The failure of the Russia-US Strategic Offensive Reductions Treaty to require the permanent dismantling of warheads removed from active deployment;
• China's measures to expand and upgrade its strategic nuclear arsenal;
• NATO's "nuclear sharing" policy which places nuclear weapons on the territories of non-nuclear states party to the NPT;
• NATO's continuing assertion of that nuclear weapons are "essential" to its security, and its pledge to retain them for the foreseeable future; and
• The continued retention of nuclear weapons by Israel, Pakistan and India and the failure of the international community seriously to challenge these violations of the international norm against nuclear weapons acquisition;

Welcomes the ongoing struggle of many governments and civil society groups
to advance nuclear disarmament and to prevent the spread of nuclear weapons,
and draws attention to:

• The decision of the Government of Libya to disavow the pursuit of nuclear
weapons ands to open its nuclear facilities to international inspection;
• The decision of the Government of Iran to accept the International Atomic
Energy Agency (IAEA) additional protocol and to open its facilities to more
intensive inspections;
• The continuing efforts, especially by China, Japan, Russia, South Korea
and the United States, to engage North Korea in pursuit of a full commitment
to permanently forego the pursuit of nuclear weapons and to recommit
to the NPT as a non-nuclear state party;
• The 2002 G8 pledge of US$ 20 billion in support of the Global Partnership
against the Spread of Weapons and Materials of Mass Destruction, with a
priority focus on securing Russia's nuclear materials; and
• The role of civil society organizations around the world in continuing to
undertake research and public advocacy in support of the urgent objective
of eliminating nuclear weapons;

Urges all States to make renewed and unprecedented efforts to ensure that the
current NPT Review Process, leading to the 2005 NPT Review Conference, reinvigorates
nuclear disarmament efforts, leads states to recommit to the principles
and goals of the NPT, and sets the world on a path towards the final elimination
of nuclear weapons through support for a series of bold measures, including:

• A halt to all nuclear weapons research and development;
• The early approval and ratification of the Comprehensive Test Ban Treaty
(CTBT);
• Rejection of strategic Ballistic Missile Defence;
• Pledges by all nuclear weapon states, in a series of interim measures, to:
• never be the first to use nuclear weapons,
• fulfill their unequivocal undertaking to accomplish the total elimination
of their nuclear arsenals, to which all States Parties are committed under
Article VI of the NPT,
• never use or threaten to use nuclear weapons against non-nuclear-weapon
states party to the NPT;
• permanently remove their nuclear weapons from high-alert status;
• permanently remove all nuclear weapons from the territories of non-nuclear
weapon states;
• Steps by Russia and the United States to make all their nuclear disarmament
agreements irreversible through requirements to dismantle permanently
all weapons removed from active deployment;
• Early commitment to the commencement of negotiations on a Fissile Material
Cut-Off Treaty;
• Efforts by Global Partnership states to accelerate implementation of Partnership
objectives; and
• A recommitment to preventing the horizontal proliferation of nuclear
weapons and weapons technology by:
• providing the political and material support necessary to enable the IAEA
to carry out its responsibilities,
• continuing to press Iran and North Korea to abandon all uranium enrichment
and plutonium extraction efforts towards a fully verifiable return to
a status of non-nuclear states party to the NPT;
• Providing for the return of international inspectors to Iraq to verify its full
compliance with its obligation as a non-nuclear party to the NPT;
• Commitment by all States to uphold and strengthen the multilateral framework
for nuclear disarmament and non-proliferation;

Encourages civil society organizations to:

• Continue to monitor nuclear weapons issues and developments;
• Continue to challenge states to redouble their nuclear disarmament efforts
in accord with the requirement of the NPT and, especially, in accord with
the requirements for human security;
• Urge the states responsible for carrying out nuclear tests, that adequate
compensation should be given to victims of these tests;

Calls on churches in the context of the Decade to Overcome Violence to renew
their witness for peace and disarmament through education, public awarenessbuilding
and advocacy to overcome the continuing threat of nuclear weapons; and
Asks the WCC to continue to:

• Monitor nuclear disarmament efforts generally;
• Encourage NATO governments to renounce their reliance on nuclear weapons;
and
• Explore ways of promoting attention to nuclear disarmament in Israel,
Pakistan and India.

Let us go back to the Nuclear Non-Proliferation Treaty

The Treaty on the Non-Proliferation of Nuclear Weapons, also referred to as the Nuclear Non-Proliferation Treaty (NPT), obligates the five acknowledged nuclear-weapon states (the United States, Russian Federation, United Kingdom, France, and China) not to transfer nuclear weapons, other nuclear explosive devices, or their technology to any non-nuclear-weapon state. Nuclear weapon States Parties are also obligated, under Article VI, to "pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control." Non-nuclear-weapon States Parties undertake not to acquire or produce nuclear weapons or nuclear explosive devices....The NPT is the most widely accepted arms control agreement; only Israel, India, and Pakistan have never been signatories of the Treaty, and North Korea withdrew from the Treaty in 2003. - FAS's Nuclear Information Project

We should never be carried away from the more pressing issues, and the more serious violations of the NPT by those who are powerful (the US, ect),...Remember, they also control major media groups. They will dictate the agenda and our perspective - that is, if we allow them to.

When Iran or some 3rd world country tries to get back on track, the US and the media it controls (or influences) calls it an attempt to distract from the real issues. US violations of the treaty obligations must be addressed...

The more serious concern is not Iran's nuclear programme, or the North Korea.. (but these are the 2 issues that seem to have dominated our media sources...

Malaysia did play an important role as a check & balance against US (and its cronies) domination of the world agenda - but alas, today Najib seems to have caused Malaysia to be perceived as just another of the lapdogs of US.

Be brave Najib - call on the US to fulfil its NPT treaty obligations...

10 more join 113 in global concern about healthcare in Malaysia's detention places - 2 deaths Leptospirosis

Joint Statement - 23/5/2009 (Re-issue-25/ 5/2009)

* The Joint Statement was also handed over to SUHAKAM on 25/5/2009, and received by HR Commissioner Khoo Kay Kim

DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong


For and on behalf of the 123 organizations/ groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines

Action Network for Migrants (ANM), Thailand

All Women's Action Society (AWAM), Malaysia

Alternative ASEAN Network on Burma

Asia Pacific Forum on Women Law and Development (APWLD)

Asia Pacific Mission for Migrants (APMM), Hong Kong

Asia-Pacific Solidarity Coalition (APSOC)

Asia Pacific Workers Solidarity Link (APWSL), Korea

Asian Forum for Human Rights and Development (FORUM-ASIA)

Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)

Assistance Association for Political Prisoners ( Burma )-AAPP

Association of Indonesian Migrant Workers (Asosiasi Tenaga Kerja Indonesia )

Bahrain Center for Human Rights

Bar Council Human Rights Committee , Malaysia

Bar Council's Legal Aid Centre , Malaysia

BAYAN USA

Building and Wood Workers International, Asia Pacific Regional Office

Burma Campaign Australia

Burma Campaign , Malaysia

Burma Campaign UK

Burma Centre Delhi (BCD)

Burma's Nationalities Association (BNA)- Norway

Burma Partnership

Cambodian Women's Crisis Center , Cambodia

Canadian Friends of Burma (CFOB)

CDS (Community Development Services), Sri Lanka

Center for Migrant Advocacy, Philippines

Center for Indonesian Migrant Workers - CIMW – Indonesia

Center for Orang Asli Concerns (COAC), Malaysia

Centre for Public Policy Studies (CPPS), Malaysia

Chin Human Rights Organization

Civil Society Committee of LLG Cultural Development Centre (LLGCSC) Columban Center for Advocacy and Outreach ( USA )

Commission For Filipino Migrant Workers (CFMW) - The Netherlands

Committee for Asian Women (CAW)

Coordination of Action Research on AIDS & Mobility (CARAM - Asia )

Democratic Party for a New Society (DPNS), Burma

Development Action for Women Network (DAWN), Philippines

Empower Foundation, Thailand

Ethnic Nationalities Council

FIDH - International Federation for Human Rights

Filipino Migrant Workers' Union - Hong Kong (FMWU)

Forum for Democracy in Burma

Foundation for Education and Development (Formerly, Grassroots HRE ( Burma )

Free Burma Coalition - Philippines (FBC-Phils)

Free Burma Campaign , South Africa

Friends of Burma , Malaysia

Global Alliance Against Traffic in Women (GAATW)

HAKAM - National Human Rights Society , Malaysia

Health Equity Initiatives, Malaysia


H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore

Hope Workers’ Center , Taiwan

HRWG - Indonesia 's NGO Coalition for International Advocacy

Hsinchu Catholic Diocese Migrants and New Immigrants Service Center , Taiwan

Human Rights Foundation of Monland

IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia

INFID (International NGO Forum on Indonesian Development)

Initiatives for International Dialogue (IID)

Institute for National and Democratic Studies ( INDIES )

International Migrant Foundation-Banglade sh

Kachin Women's Association Thailand

KAFIN Migrant Center, Japan

KAFIN - Saitama , Japan

Kayan National Development Foundation (KNDF)

Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia

Labornet Korea

Labour Resource Centre , Malaysia

Legal Support for Children and Women (LSCW), Cambodia

LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan

MADPET (Malaysians against Death Penalty and Torture)

Malaysian Trade Union Congress (MTUC)

Mekong Migration Network (MMN)

Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat

Migrant Forum in Asia (MFA)

MIGRANTE Europe

MIGRANTE Middle East

MIGRANTE International

MIGRANTE - Nagoya

MIGRANTE - UAE

Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)

Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)

National Democratic Party for Human Rights(NDPHR) (exile),SEA Regional Office

National League for Democracy [NLD (LA)], Malaysia

National Institute for Electoral Integrity (NIEI), Malaysia

National Network for Immigrant and Refugee Rights, U.S.

Network for Democracy and Development, Thailand

Network of Action for Migrants in Malaysia (NAMM)

New Zealand Burma Support Group

NY Committee for Human Rights in the Philippines

OKUP (Ovibashi Karmi Unnayan Program), Bangladesh

Osan Migrant Workers Center in South Korea

Overseas Mon Coordinating Committee (OMCC)

Pakistan Rural Workers Social; Welfare Organization

Palaung State Liberation Front (PSLF)

Parti Keadilan Rakyat (PKR)

Parti Rakyat Malaysia (PRM)

Peoples Service Organization (PSO), Malaysia

Persatuan Kesedaran Komuniti Selangot (EMPOWER)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia

Persatuan Sahabat Wanita, Selangor


Platform of Filipino Migrant Organisations in Europe - The Netherlands

POURAKHI, Nepal

Pusat KOMAS, Malaysia

Raks Thai Foundation , Thailand

Rohingya Youth Development Forum (RYDF), Malaysia

Shan Refugee Organization Malaysia (SRO)

Shan Women's Action Network (SWAN)

Shwe Gas Movement

Solidaritas Perempuan, Indonesia

St. John's Cathedral HIV Education Centre, Hong Kong

Suara Rakyat Malaysia (SUARAM)

Tenaganita, Malaysia

The Foundation for the Health and Knowledge of Ethnic Labour (MAP)

The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters

The Micah Mandate

Transient Workers Count Too, Singapore

United Filipinos in Hong Kong (UNIFIL-MIGRANTE- HK)

U.S. Campaign for Burma

WARBE Development Foundation - Bangladesh

Women's Aid Organisation (WAO), Malaysia

Women's League of Burma

Workers Hub for Change (WH4C)

Yaung Chi Oo Workers Association (YCOWA), Thailand



113 – 23/5/2009

123 - as of 25/5/2009





* For further information, please contact Charles Hector (chef@tm.net. my) or Pranom Somwong (Bee) (p_somwong@yahoo. com) at 019-2371 300

What is the media interested in these days? Issues of farmers, migrants, detainees, etc.. are all not getting covered...

This morning (25/5/2009), there were 3 complaints made to SUHAKAM

11.00 am - Some farmers from Perak, who had been farmers for decades (even generations) were there to complain that their farming land have been taken by the government. Some said that their applications for land for farming also had gone unheeded all these years. A very important issue - when suddenly farmers lose their farms....(The MP for Sungai Siput was also present for this)

12.00 am - The handing over of the statement by 113 organizations/groups entitled 'DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA - DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE". The issue was detention places in Malaysia. The issue was cleanliness and hygiene of detention places. The issue was healthcare. The issue was how could people be dying by Leptospirosis - caused by exposure to water contaminated by animal urine. The issue was how come 2 died - when early detection and early healthcare may have prevented 2 human being from dying...

12.45am - DAP Teratai assemblyperson Jenice Lee today slammed the police, saying the police violated her rights and harassed her during her recent detention... (no need to elaborate - for I am sure it will be covered by both alternative and mainstream media...)

All groups have informed the media - BUT, which do you think will get the media coverage?

Which will be covered by the mainstream media?

Which will be covered by the alternative media?

It is sad that many other rights issues and concerns of the normal ordinary persons are just being 'overlooked' ....

By-elections, political games, in-fighting in political parties, scandals, etc are getting the lime light...

FARMERS and their land problems - who cares?

DETENTION CENTRES - death of migrants - who cares? [Further, these are not person with the right to vote...so why bother?]
- some say it may be 'political suicide' if we are seen to be talking about migrant rights when Malaysians are also facing the impact of this economic crisis...

Really, we need to get our priorities rights - and our concern must be for all matters of human rights and justice...

All the more for alternative pro-people media like Malaysiakini to work harder and cover all these other struggles and issues concerning poor farmers, lurban settlers, factory workers, migrant workers, detainees...etc..

Joint Statement - 23/5/2009

DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong

For and on behalf of the 113 organizations/groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines
Action Network for Migrants (ANM), Thailand
All Women's Action Society (AWAM), Malaysia
Alternative ASEAN Network on Burma
Asia Pacific Forum on Women Law and Development (APWLD)
Asia Pacific Mission for Migrants (APMM), Hong Kong
Asia-Pacific Solidarity Coalition (APSOC)
Asia Pacific Workers Solidarity Link (APWSL), Korea
Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)
Assistance Association for Political Prisoners (Burma)-AAPP
Bahrain Center for Human Rights
Bar Council Human Rights Committee, Malaysia
Bar Council's Legal Aid Centre, Malaysia
BAYAN USA
Building and Wood Workers International, Asia Pacific Regional Office
Burma Campaign Australia
Burma Campaign, Malaysia
Burma Campaign UK
Burma Centre Delhi (BCD)
Burma's Nationalities Association (BNA)- Norway
Burma Partnership
Cambodian Women's Crisis Center
Canadian Friends of Burma (CFOB)
CDS (Community Development Services), Sri Lanka
Center for Migrant Advocacy, Philippines
Center for Orang Asli Concerns (COAC), Malaysia
Centre for Public Policy Studies (CPPS), Malaysia
Chin Human Rights Organization
Civil Society Committee of LLG Cultural Development Centre (LLGCSC)
Columban Center for Advocacy and Outreach (USA)
Commission For Filipino Migrant Workers (CFMW) - The Netherlands
Committee for Asian Women (CAW)
Coordination of Action Research on AIDS & Mobility (CARAM -Asia)
Democratic Party for a New Society (DPNS), Burma
Development Action for Women Network (DAWN), Philippines
Empower Foundation, Thailand
Ethnic Nationalities Council
FIDH - International Federation for Human Rights
Filipino Migrant Workers' Union - Hong Kong (FMWU)
Forum for Democracy in Burma
Foundation for Education and Development (Formerly, Grassroots HRE (Burma)
Free Burma Coalition - Philippines (FBC-Phils)
Free Burma Campaign, South Africa
Friends of Burma, Malaysia
Global Alliance Against Traffic in Women (GAATW)
HAKAM - National Human Rights Society, Malaysia
Health Equity Initiatives, Malaysia
H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore
Hope Workers’ Center, Taiwan
HRWG - Indonesia's NGO Coalition for International Advocacy
Hsinchu Catholic Diocese Migrants and New Immigrants Service Center, Taiwan
IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia
INFID (International NGO Forum on Indonesian Development)
Initiatives for International Dialogue (IID)
Kachin Women's Association Thailand
KAFIN Migrant Center, Japan
KAFIN - Saitama, Japan
Kayan National Development Foundation (KNDF)
Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia
Labornet Korea
Labour Resource Centre, Malaysia
Legal Support for Children and Women (LSCW), Cambodia
LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan
MADPET (Malaysians against Death Penalty and Torture)
Malaysian Trade Union Congress (MTUC)
Mekong Migration Network (MMN)
Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat
Migrant Forum in Asia (MFA)
MIGRANTE Europe
MIGRANTE Middle East
MIGRANTE International
MIGRANTE - Nagoya
MIGRANTE - UAE
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)
Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)
National Democratic Party for Human Rights(NDPHR)(exile),SEA Regional Office
National League for Democracy [NLD (LA)], Malaysia
National Institute for Electoral Integrity (NIEI), Malaysia
National Network for Immigrant and Refugee Rights, U.S.
Network for Democracy and Development, Thailand
Network of Action for Migrants in Malaysia (NAMM)
New Zealand Burma Support Group
NY Committee for Human Rights in the Philippines
OKUP (Ovibashi Karmi Unnayan Program), Bangladesh
Osan Migrant Workers Center in South Korea
Palaung State Liberation Front (PSLF)
Parti Keadilan Rakyat (PKR)
Parti Rakyat Malaysia (PRM)
Peoples Service Organization (PSO), Malaysia
Persatuan Kesedaran Komuniti Selangot (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Sahabat Wanita, Selangor
Platform of Filipino Migrant Organisations in Europe - The Netherlands
POURAKHI, Nepal
Pusat KOMAS, Malaysia
Raks Thai Foundation, Thailand
Rohingya Youth Development Forum (RYDF), Malaysia
Shan Refugee Organization Malaysia (SRO)
Shan Women's Action Network (SWAN)
Shwe Gas Movement
St. John's Cathedral HIV Education Centre, Hong Kong
Suara Rakyat Malaysia (SUARAM)
Tenaganita, Malaysia
The Foundation for the Health and Knowledge of Ethnic Labour (MAP)
The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters
The Micah Mandate
Transient Workers Count Too, Singapore
United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
U.S. Campaign for Burma
WARBE Development Foundation - Bangladesh
Women's Aid Organisation (WAO), Malaysia
Women's League of Burma
Workers Hub for Change (WH4C)

Lourdes Mary - denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life

The state of hygiene, cleanliness and availability of healthcare in Malaysian Detention centres is again being highlighted by the deaths of 2 at Juru Detention Centre (a Detention Centre where allegedly undocumented migrants are detained) - by a disease caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals...

A few months ago, Lourdes Mary collapsed in court - She was a diabetic, and she had allegedly not been given her diabetic medication when she was detained by the police in the police lock-up. When she fainted in court, her feet was swollen - she may have died....

In the case of Lourdes Mary, SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life. If there was such negligence on the part of the police, we agree that the matter should be investigated into and proper steps should be talcen to ensure that such disregard for life does not happen again, As such, SUHAKAM will highlight the matter to the police and recommend for a thorough investigation to be conducted into the matter. - letter of SUHAKAM to AHRC dated 13/1/2009

Health-care in detention in Malaysia is a very serious concern today...

People are dying in custody by reason of the government failing to provide the necessary health-care.

Persons under detention, who in normal circumstances would have been admitted in hospitals, and just taken back to their lock-ups and places of detention - and some die.

Persons who need to be sent to the hospital must be sent there immediately...

Persons who need to be hospitalized must be hospitalized.

Generally, the place of detention that is worst off in terms of conditions and hygine is the Malaysian police lock-ups. The men's lock-ups are worst off compared with those for women. Remand prisons and prison lock-ups are so much better compared to police lock-ups.

The Detention Centres for undocumented migrants is also very bad.

Recalling some of the cases highlighted in the media...

LOURDES MARY ...

During the remand hearing, one of the female detainee, Lourdes Mary, fainted in court while explaining the lock-up condition to the magistrate.

According to Surendran, the detainee is a diabetic and her legs have swollen twice the size as she was unable to obtain insulin since her detention yesterday.

“I have never seen this kind of neglect in court before,” lamented the lawyer.

Meanwhile, another legal team member M Manogaran criticised the police for demanding lawyers to register themselves before entering the court building and for barring journalists from entering the complex. - Malaysiakini, 24/10/2008 Child, mother freed, 10 remanded

That incident was also reported in the Star,

At around noon, there was a minor commotion when Lourdes Mary, who is believed to be suffering from diabetes, fainted in the midst of remand proceedings and had to be carried out of the courtroom into a nearby car to be taken to the Putrajaya Hospital. - Star, 24/10/2008 -Ten Hindraf supporters remanded for three days (updated) Source: Earlier Posting

It is dissapointing that little has been done by the Malaysian government to improve the state of healthcare in detention places .... In fact, nothing seem to have been done about Lourdes Mary's case...

Many, who have been arrested by the police and placed in police lock-ups also will be able to testify as to the state of healthcare availability ...cleanliness and hygiene..

It is said that detention places in Malaysia is the police lock-up, followed by the often over-crowded 'illegal migrant' Immigration Detention Centres...

Let's not forget that the recent call by 113 groups/organisations relates to the state of healthcare, hygiene and cleanliness of ALL detention places in Malaysia...

We know of the 2 deaths in Juru Detention Centre because the media reported it - and we wonder how many more have unnecessarily died by reason of lack of healthcare. Remember that SUHAKAM told us that 1,300 'illegal foreigners' died in custody - many 'died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.' How many documented migrants died because of the same reason. How many Malaysians died for this very same reason.

These are all deaths that could have been avoided - and they will all be living if Malaysia's detention places were hygiene, clean and proper healthcare...

Royal Commission of Inquiry... ? Independent Commission of Inquiry? ...

Joint Statement - 23/5/2009

DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong

For and on behalf of the 113 organizations/groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines
Action Network for Migrants (ANM), Thailand
All Women's Action Society (AWAM), Malaysia
Alternative ASEAN Network on Burma
Asia Pacific Forum on Women Law and Development (APWLD)
Asia Pacific Mission for Migrants (APMM), Hong Kong
Asia-Pacific Solidarity Coalition (APSOC)
Asia Pacific Workers Solidarity Link (APWSL), Korea
Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)
Assistance Association for Political Prisoners (Burma)-AAPP
Bahrain Center for Human Rights
Bar Council Human Rights Committee, Malaysia
Bar Council's Legal Aid Centre, Malaysia
BAYAN USA
Building and Wood Workers International, Asia Pacific Regional Office
Burma Campaign Australia
Burma Campaign, Malaysia
Burma Campaign UK
Burma Centre Delhi (BCD)
Burma's Nationalities Association (BNA)- Norway
Burma Partnership
Cambodian Women's Crisis Center
Canadian Friends of Burma (CFOB)
CDS (Community Development Services), Sri Lanka
Center for Migrant Advocacy, Philippines
Center for Orang Asli Concerns (COAC), Malaysia
Centre for Public Policy Studies (CPPS), Malaysia
Chin Human Rights Organization
Civil Society Committee of LLG Cultural Development Centre (LLGCSC)
Columban Center for Advocacy and Outreach (USA)
Commission For Filipino Migrant Workers (CFMW) - The Netherlands
Committee for Asian Women (CAW)
Coordination of Action Research on AIDS & Mobility (CARAM -Asia)
Democratic Party for a New Society (DPNS), Burma
Development Action for Women Network (DAWN), Philippines
Empower Foundation, Thailand
Ethnic Nationalities Council
FIDH - International Federation for Human Rights
Filipino Migrant Workers' Union - Hong Kong (FMWU)
Forum for Democracy in Burma
Foundation for Education and Development (Formerly, Grassroots HRE (Burma)
Free Burma Coalition - Philippines (FBC-Phils)
Free Burma Campaign, South Africa
Friends of Burma, Malaysia
Global Alliance Against Traffic in Women (GAATW)
HAKAM - National Human Rights Society, Malaysia
Health Equity Initiatives, Malaysia
H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore
Hope Workers’ Center, Taiwan
HRWG - Indonesia's NGO Coalition for International Advocacy
Hsinchu Catholic Diocese Migrants and New Immigrants Service Center, Taiwan
IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia
INFID (International NGO Forum on Indonesian Development)
Initiatives for International Dialogue (IID)
Kachin Women's Association Thailand
KAFIN Migrant Center, Japan
KAFIN - Saitama, Japan
Kayan National Development Foundation (KNDF)
Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia
Labornet Korea
Labour Resource Centre, Malaysia
Legal Support for Children and Women (LSCW), Cambodia
LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan
MADPET (Malaysians against Death Penalty and Torture)
Malaysian Trade Union Congress (MTUC)
Mekong Migration Network (MMN)
Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat
Migrant Forum in Asia (MFA)
MIGRANTE Europe
MIGRANTE Middle East
MIGRANTE International
MIGRANTE - Nagoya
MIGRANTE - UAE
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)
Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)
National Democratic Party for Human Rights(NDPHR)(exile),SEA Regional Office
National League for Democracy [NLD (LA)], Malaysia
National Institute for Electoral Integrity (NIEI), Malaysia
National Network for Immigrant and Refugee Rights, U.S.
Network for Democracy and Development, Thailand
Network of Action for Migrants in Malaysia (NAMM)
New Zealand Burma Support Group
NY Committee for Human Rights in the Philippines
OKUP (Ovibashi Karmi Unnayan Program), Bangladesh
Osan Migrant Workers Center in South Korea
Palaung State Liberation Front (PSLF)
Parti Keadilan Rakyat (PKR)
Parti Rakyat Malaysia (PRM)
Peoples Service Organization (PSO), Malaysia
Persatuan Kesedaran Komuniti Selangot (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Sahabat Wanita, Selangor
Platform of Filipino Migrant Organisations in Europe - The Netherlands
POURAKHI, Nepal
Pusat KOMAS, Malaysia
Raks Thai Foundation, Thailand
Rohingya Youth Development Forum (RYDF), Malaysia
Shan Refugee Organization Malaysia (SRO)
Shan Women's Action Network (SWAN)
Shwe Gas Movement
St. John's Cathedral HIV Education Centre, Hong Kong
Suara Rakyat Malaysia (SUARAM)
Tenaganita, Malaysia
The Foundation for the Health and Knowledge of Ethnic Labour (MAP)
The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters
The Micah Mandate
Transient Workers Count Too, Singapore
United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
U.S. Campaign for Burma
WARBE Development Foundation - Bangladesh
Women's Aid Organisation (WAO), Malaysia
Women's League of Burma
Workers Hub for Change (WH4C)

113 groups express concern about healthcare in detention places that resulted in 2 dead

Joint Statement - 23/5/2009

DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong

For and on behalf of the 113 organizations/groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines
Action Network for Migrants (ANM), Thailand
All Women's Action Society (AWAM), Malaysia
Alternative ASEAN Network on Burma
Asia Pacific Forum on Women Law and Development (APWLD)
Asia Pacific Mission for Migrants (APMM), Hong Kong
Asia-Pacific Solidarity Coalition (APSOC)
Asia Pacific Workers Solidarity Link (APWSL), Korea
Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)
Assistance Association for Political Prisoners (Burma)-AAPP
Bahrain Center for Human Rights
Bar Council Human Rights Committee, Malaysia
Bar Council's Legal Aid Centre, Malaysia
BAYAN USA
Building and Wood Workers International, Asia Pacific Regional Office
Burma Campaign Australia
Burma Campaign, Malaysia
Burma Campaign UK
Burma Centre Delhi (BCD)
Burma's Nationalities Association (BNA)- Norway
Burma Partnership
Cambodian Women's Crisis Center
Canadian Friends of Burma (CFOB)
CDS (Community Development Services), Sri Lanka
Center for Migrant Advocacy, Philippines
Center for Orang Asli Concerns (COAC), Malaysia
Centre for Public Policy Studies (CPPS), Malaysia
Chin Human Rights Organization
Civil Society Committee of LLG Cultural Development Centre (LLGCSC)
Columban Center for Advocacy and Outreach (USA)
Commission For Filipino Migrant Workers (CFMW) - The Netherlands
Committee for Asian Women (CAW)
Coordination of Action Research on AIDS & Mobility (CARAM -Asia)
Democratic Party for a New Society (DPNS), Burma
Development Action for Women Network (DAWN), Philippines
Empower Foundation, Thailand
Ethnic Nationalities Council
FIDH - International Federation for Human Rights
Filipino Migrant Workers' Union - Hong Kong (FMWU)
Forum for Democracy in Burma
Foundation for Education and Development (Formerly, Grassroots HRE (Burma)
Free Burma Coalition - Philippines (FBC-Phils)
Free Burma Campaign, South Africa
Friends of Burma, Malaysia
Global Alliance Against Traffic in Women (GAATW)
HAKAM - National Human Rights Society, Malaysia
Health Equity Initiatives, Malaysia
H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore
Hope Workers’ Center, Taiwan
HRWG - Indonesia's NGO Coalition for International Advocacy
Hsinchu Catholic Diocese Migrants and New Immigrants Service Center, Taiwan
IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia
INFID (International NGO Forum on Indonesian Development)
Initiatives for International Dialogue (IID)
Kachin Women's Association Thailand
KAFIN Migrant Center, Japan
KAFIN - Saitama, Japan
Kayan National Development Foundation (KNDF)
Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia
Labornet Korea
Labour Resource Centre, Malaysia
Legal Support for Children and Women (LSCW), Cambodia
LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan
MADPET (Malaysians against Death Penalty and Torture)
Malaysian Trade Union Congress (MTUC)
Mekong Migration Network (MMN)
Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat
Migrant Forum in Asia (MFA)
MIGRANTE Europe
MIGRANTE Middle East
MIGRANTE International
MIGRANTE - Nagoya
MIGRANTE - UAE
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)
Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)
National Democratic Party for Human Rights(NDPHR)(exile),SEA Regional Office
National League for Democracy [NLD (LA)], Malaysia
National Institute for Electoral Integrity (NIEI), Malaysia
National Network for Immigrant and Refugee Rights, U.S.
Network for Democracy and Development, Thailand
Network of Action for Migrants in Malaysia (NAMM)
New Zealand Burma Support Group
NY Committee for Human Rights in the Philippines
OKUP (Ovibashi Karmi Unnayan Program), Bangladesh
Osan Migrant Workers Center in South Korea
Palaung State Liberation Front (PSLF)
Parti Keadilan Rakyat (PKR)
Parti Rakyat Malaysia (PRM)
Peoples Service Organization (PSO), Malaysia
Persatuan Kesedaran Komuniti Selangot (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Sahabat Wanita, Selangor
Platform of Filipino Migrant Organisations in Europe - The Netherlands
POURAKHI, Nepal
Pusat KOMAS, Malaysia
Raks Thai Foundation, Thailand
Rohingya Youth Development Forum (RYDF), Malaysia
Shan Refugee Organization Malaysia (SRO)
Shan Women's Action Network (SWAN)
Shwe Gas Movement
St. John's Cathedral HIV Education Centre, Hong Kong
Suara Rakyat Malaysia (SUARAM)
Tenaganita, Malaysia
The Foundation for the Health and Knowledge of Ethnic Labour (MAP)
The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters
The Micah Mandate
Transient Workers Count Too, Singapore
United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
U.S. Campaign for Burma
WARBE Development Foundation - Bangladesh
Women's Aid Organisation (WAO), Malaysia
Women's League of Burma
Workers Hub for Change (WH4C)

A Selangor Royal Commission of Inquiry to look into the Balkis Issue...why not?

Lim Kit Siang recently raised the possibility of an independent public inquiry...but I say why not go for a independent Royal Commission of Inquiry to look into the Balkis scandal..

After all, Selangor is a sovereign state with its own HRH the Sultan, and why can Selangor government set up an independent Royal Commission of Inquiry into Balkis Scandal, or just a Royal Commission of Inquiry. After all, this is a Selangor matter - a Selangor state scandal...

Khir’s contention that it was unfair to make him face an inquiry chaired by his political nemesis does not hold water. Is Khir prepared to face an independent public inquiry specially set up to inquire into the Balkis scandal?

If so, let Khir show his sincerity and honesty by announcing that he and his wife are prepared to attend and fully co-operate with such a separate public inquiry set up to probe into the Balkis scandal. - Lim Kit Siang's Blog. Khir Toyo - Suspend him from Selangor State Assembly but not his assemblyman’s allowances

On the other point that Kit Siang makes - that the assemblyman's allowance should not be cut, I agree.

The Selangor State Assembly should not suspend Datuk Seri Dr. Mohd Khir Toyo’s state assemblyman allowances even if it endorses the Selangor State Assembly Rights and Privileges Committee recommendations to punish and suspend the former Selangor Mentri Besar from the Assembly for grave breach of privileges.

The Selangor State Assembly Rights and Privileges Committee has recommended that Khir be suspended for a year from the state assembly without state assemblyman’s allowances and privileges for not attending an inquiry conducted by the state’s Select Committee on Competence, Accountability and Transparency (Selcat) in March on the disbursement of state agency funds to Balis – the Wives of Selangor Assemblymen and MPs Welfare and Charity Organisation.- Lim Kit Siang's Blog. Khir Toyo - Suspend him from Selangor State Assembly but not his assemblyman’s allowances

My position still is that no MP and/or Assemblyperson should be suspended from the Dewan Rakyat or the State Legislative Assembly. See earlier post:- Very wrong to suspend ADUNs/MPs - revoke the suspoension order of Khir Toyo & 3 Ors..

The longest acceptable suspension of a wakil rakyat is suspension until the next sunrise...

Suspension of an elected peoples' representative only denies the people's right to participate in matters discussed, debated and decided in the Legislative Assembly, and that is not right...

MB -v- MB: 3 different judges, Same final decision is OK but SAME way they came to that decision will be ODD..would it not?

Well, there were 3 judges sitting and hearing the appeal of BN's Zambry at the Court of Appeal.

Or was it only 1 judge, who sat, heard and decided...and the other two were there for show only...

How did they come to their conclusions? We shall see...we shall see. Interestingly in Malaysian courts, we always see only one judge coming out with the grounds of judgment...and the other 2 just state that..."I concur...", and this is very odd. It is reasonable to say that 3 judges come to the same final conclusions - but surely how they came about that decision will differ a bit. [Grab a law journal from England...or any other commonwealth jurisdiction...and you will see that whenever there are 3 ...or 5...or 7, there will also be grounds of judgment also given by the other judges - but not in Malaysia (or very rarely in Malaysia)]

It always seems that ONLY one judge hears and decides, and the other 2 are there just as 'show-pieces'...and the concur(agree) not only on the final verdict but also on how they came to that final verdict.

I sincerely hope that this will not be the case in the Perak MB -v- MB. I hope that we will be able to read 3 grounds of judgments. Surely, the 3 minds do not operate as one - certainly not for all matters...

Below, is some notes of what transpired in court I obtained from a posting by lawyer Edmund Bon

These are the notes taken of the Court of Appeal’s Decision in the MB v MB matter delivered orally on 22.5.2009 by Raus Sharif JCA on behalf of the His Lordship, Zainun Ali JCA and Ahmad Maarop JCA. Any mistakes herein are mine.

Firstly, we would like to thank counsel in assisting us to arrive at our decision. The decision is unanimous and these are our views:

1. The granting or withholding of consent to dissolve the State Assembly is a royal prerogative to be exercised by His Royal Highness (HRH).

2. From the facts of this case, the request made by the Respondent (Nizar) to dissolve the State Assembly was made under Article 16(6) of the Perak Constitution, and not under Article 36(2).

3. Under Article 16(6) of the Perak Constitution, upon the exercise of HRH’s royal prerogative to withhold consent for dissolution, the Respondent shall tender his resignation.

4. There is no mandatory, express requirement that provides for a motion of no-confidence to be passed in the State Assembly against the Respondent before he ceases to command the confidence of the majority.

5. The fact that the Respondent has ceased to command the confidence of the majority may be ascertained through extraneous means. We approve the case of Amir Kahar. The case of Stephen Kalong Ningkan, adopted by the learned Judge (High Court), is distinguishable on its facts.

6. HRH was right to make enquiries to satisfy himself whether the Respondent had ceased to command the confidence of the majority before deciding on the Respondent’s request for dissolution.

7. On the facts of the case, it is clear that the Respondent had ceased to command the confidence of the majority thus HRH, in accordance with Article 16(6), was right to appoint the Appellant (Zambry) as Menteri Besar of Perak after being satisfied that the Appellant commanded the confidence of the majority.

8. The learned Judge (High Court) erred in law when interpreting the Perak Constitution. He failed to properly appreciate the evidence rendering his decision clearly wrong.

The appeal is allowed. The orders of the High Court are set aside.

…[Exchange between counsel for Nizar and Zambry with the Bench on the issue of costs.]

No order as to cost.

…[Exchange between counsel for Nizar and Zambry with the Bench on ancillary matters:

Haji Sulaiman: My Lords and My Lady, I have been instructed to appeal the decision.Due to the urgency of the matter, I pray that Your Lordships and Ladyship supply us with the grounds of judgment as soon as possible.

Raus Sharif JCA: I have tried to prepare the full grounds last night but could not do so. Will supply in a week's time. What about the application to set aside the stay?

Haji Sulaiman: We leave it to the Court to decide.

Raus Sharif JCA: Isn't it academic already?

Haji Sulaiman: We are of the view that the Court of Appeal was wrong to grant the stay. To say that we concede is not entirely correct but it has served no purpose anymore. We therefore leave it to Your Lordships and Ladyship to decide. Alternatively, for a Court to to fix a hearing date.

Cecil Abraham: We seek that the application be dismissed.

Raus Sharif JCA: Enclosure 9(a) is dismissed.

Haji Sulaiman: My Lord, it should be struck out as it has not been heard on the merits.

Raus Sharif JCA: Yes. Application struck out.]

So, what do you think - did the other 2 judges even considered the arguements and came to a decision - or they just sat there as 'show-pieces' to satisfy the requirement that it is 3 judges sitting to hear the matter.

From the notes above, it seems that the other 2 did not even say anything..

Even when counsel for Nizar asked all 3 of the judges for their grounds of judgment - only one replied 'Raus Sharif JCA: I have tried to prepare the full grounds last night but could not do so. Will supply in a week's time. What about the application to set aside the stay?...' . Haji Sulaiman should not have stopped there, and should have asked Zainun Ali JCA and Ahmad Maarop JCA when their grounds of judgment would be ready...

So, there was no full grounds prepared yet - so what did the other 2 look at and agree 100%, mmm. I wonder.

I sincerely hope that we will see 3 different grounds of judgment for logically no 3 persons, even if they had reached the same conclusion, would have come by it in exactly the same manner...but alas, this is Malaysia - and here anything is possible.

For me, the questions before the court should have been simple...

Acknowledging that it is his HRH the Sultan's full right to consent to the dissolution of the State Assembly or not...

Fact, the Sultan decided not to dissolve the State Legislative Assembly...

Thereafter, the law is that the Menteri Besar shall tender his resignation and that of his other Exco members..

(6) If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender his resignation of the Executive Council.

The fact is that there was yet any tendering of resignation by the Menteri Besar and the Exco..

The question is whether there can be any appointment of a NEW Menteri Besar before the old Menteri Besar tendered his resignation...

That is all there is...

I also wonder the Pakatan Rakyat's Nizar went to see the Sultan under this Art. 16(6) ...or did he just go ask the HRH to dissolve the State Legislative Assembly under Art. 36(2), and of course pursuant to Art.18(2)(b) it is totally up to HRH the Sultan. If this was the case, then there was no issue of tendering any resignation...

Again, the question here would be whether there can be any appointment of a NEW Menteri Besar before the old Menteri Besar tendered his resignation...

.....

We all know that after the 3 jumped - it was the BN who had the majority...

Can there be a new Menteri Besar appointed when there is already a Menteri Besar of Perak?

That is, and should have been the question for the Court of Appeal to decide...

The decision now seem to say that if Anwar Ibrahim now goes to see the YDP Agung, who thens appoint him as Prime Minister - Najib is suddenly no more Prime Minister...someothing is wrong with that kind of thinking - but alas this is only my opinion on the matter...