Covid-19 and its impact on jobs, income and business maybe making many of to forget our values and principles. There is a rise of anti-migrant or ethnophobia ...WE have to be careful not to abandon our values and principles....no matter how bad the situation is.
Deportation of Rayhan will undermine rule of law
MALAYSIANS Against Death Penalty and Torture (Madpet) is appalled by
the administrative decision and action of the Malaysian Immigration
Department to deport and permanently bar one Md Rayhan Kabir, a
Bangladeshi national, who allegedly featured in the Al Jazeera
documentary entitled “Locked Up in Malaysia’s Lockdown”.
“This Bangladeshi national will be deported and blacklisted from
entering Malaysia forever,” director-general of Immigration, Khairul
Dzaimee Daud said in news reports.
A decision that affects the life and liberty of a person should never
be an administrative decision of an individual government department or
even the cabinet. It must be a decision of the courts after the alleged
perpetrator is accorded the right to a fair trial.
Media reports suggest that this may be a decision of the Immigration
Department and not that of the prime minister or the cabinet.
Such arbitrary decisions of the Immigration Department has many a
times in the past undermined the administration of justice, and allowed
perpetrator of crime to escape scot free, and victims to be denied
existing legal rights, now available in Malaysian laws.
Whenever a migrant or migrant worker raises complaints of rights
violation, even after they have lodged the complaint at the relevant
department and agency, some employers tend to respond by terminating
their employment and getting their permits or visas cancelled,
resulting in their having to leave Malaysia. In the Malaysian
administration of justice system, failure of the complainant to turn up
for proceedings will generally mean the end of the investigation and the
justice process, allowing the perpetrators to escape scot-free and
denying the victims justice.
Foreigners have also been asked to leave or deported by the
Immigration Department, despite the requirement of their needed presence
in Malaysia as witnesses or victims, for the purposes of investigation,
trials or other administration of justice processes. Crucial witnesses
even in the Wang Kelian human trafficking case may today be no more in
Malaysia, which will make it near impossible for perpetrators to be
tried and successfully convicted.
In this case, the popular understanding, is that the relevant
authorities are currently investigating the said Al Jazeera documentary,
in which allegedly the said Rayhan was featured. As such, would not the
deportation of this potential witness and/or perpetrator, impact the
ongoing investigation, and even trials if anyone is be charged later in
court? If Rayhan had indeed committed a crime, then justly he should be
charged, accorded a fair trial and sentenced according to the Malaysian
law, and not be prematurely sent out of the country. Thereafter,
Malaysia may not be able to bring him back and charge him, or have him
as a witness. Even in the 1MDB trials, Malaysia cannot even manage to
secure the return of alleged perpetrators and/or key witnesses, who are
now in some other country.
The government, the police and the Immigration Department may believe
that someone is guilty but that is irrelevant until that person is
charged, tried and found guilty by the courts. Malaysia, and the world,
do acknowledge the legal principle that one is innocent until proven
guilty in court.
Media reports quoted Inspector-General of Police Abdul Hamid Bador as
saying that the police and the Attorney-General’s Chambers (AGC) found
the documentary to contain seditious elements.
The beliefs or conclusion of the police or even of the AGC are really
irrelevant; it is a court of law that, after a fair trial, determines
the guilt or innocence of the accused person. Many in the past have
been charged and tried and found not guilty.
If the deportation is not stopped, the concern is that many will
believe that Malaysia is simply trying to avoid a fair trial. If
Malaysia is truly convinced that he is guilty of a crime, then charge
and try him in the Malaysian courts in accordance with Malaysian laws.
To suggest Rayhan is guilty simply because he appeared in the said
documentary maybe unreasonable. He certainly did not edit or produce the
said documentary, and it is totally unreasonable to jump to any
conclusion now that all who allowed themselves be interviewed or
featured in the said documentary are guilty. What did he actually say
which was breaking the law? Did the producers edit his comments,
choosing to simply include certain parts? Did he even see the final
documentary, and specifically agree to it? Should we all now be scared
to be interviewed by the press or documentary makers, when we have
really no control about the finally published report or documentary?
It must be noted that historically the media and others, responsible
in highlighting alleged crime, wrongdoings, injustices, and human rights
violations has led to investigation and prosecutions, and even policy
and legal reforms. If the New Straits Times had not highlighted the Wang
Kelian and the Kuantan bauxite affairs, would the government even have
taken action? The same also may apply to the cases connected to 1MDB and
SRC. A recent foreign media report about labour violations moved
Malaysian authorities to investigate whether there was forced labour in a
Malaysian factory.
The importance of the media and ordinary persons speaking up
or highlighting alleged or suspected wrongdoings, crimes, lacunas,
injustices, and rights violations are important in bringing about not
just government actions, but also needed reforms in policy, law and
practice. A recent United Nations Special Rapporteur’s report led
Malaysia to revise its household poverty line income from RM980 to
RM2,208
Human rights defenders are recognised by the order of the 1998 United
Nations Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally
Recognised Human Rights and Fundamental Freedoms. The declaration
indicates it is everyone’s duty to promote and protect human rights and
safeguard democracy and its institutions, including to highlight rights
violations.
Rayhan is a human rights defender because he has bravely shared his
thoughts and opinions when many in Malaysia simply fear to speak up.
Therefore, Madpet calls for:
The non-deportation of Rayhan and that he be accorded a fair trial if he has indeed committed any offence;
The abolition of administrative deportation of foreigners;
Malaysia to respect freedom of expression and the media to ensure
human rights violations are brought to light and investigations are held
to verify the truth, leading to prosecution and a fair trial for the
accused; and
The abolition of the Sedition Act and administrative punitions
including detention without trial and deportation. – July 25, 2020.
* Charles Hector writes on behalf of Malaysians Against Death Penalty and Torture. -Malaysian Insight, 25/7/2020
SEE FULL STATEMENT
Media Statement – 25/7/2020
Deportation of Human Rights Defender Md Rayhan Kabir will undermine the
administration of justice in Malaysia
-Abolish Administrative Deportation and Punishments - Respect Freedom of
Expression-
MADPET(Malaysians Against Death
Penalty and Torture) is appalled by the administrative decision and action of
the Malaysian Immigration Department that decided to deport and permanently bar
re-entry of one Md Rayhan Kabir, a Bangladeshi national, that was allegedly
featured in the Al-Jazeera documentary entitled ‘Locked Up in Malaysia’s
Lockdown’. (Malay Mail, 25/7/2020). ‘ “This Bangladeshi national will be
deported and blacklisted from entering Malaysia forever,” said its
director-general Datuk Khairul Dzaimee Daud.
Such actions and/or decisions, that
affects the life and liberty of a person, should never be administrative
decisions of any individual government department or even the Cabinet. It must
be a decision of the courts after the alleged perpetrator is accorded his/her
right to a fair trial.
The media report, suggest that
this maybe a decision of the Immigration Department, not even the Prime
Minister and/or the Cabinet.
Such arbitrary decisions of the
Immigration Department has many a times in the past undermined the administration
of justice, and allowed perpetrator of crime to escape scot free, and victims to
be denied existing legal rights, now available in Malaysian laws.
Whenever a migrant or migrant
worker, raises complaints of rights violation, even after he/she has already
lodged the complaint at the relevant department and agency, some employers tend
to respond by terminating their employment, and/or getting their permits/visas cancelled,
resulting in their having to leave Malaysia. In the Malaysian administration of
justice system, the failure of the complainant to turn up in a proceedings, will
generally mean a discontinuation of the investigation and/or administration of
justice process which allows the perpetrators to escape scot free, and the
victims being denied justice.
Foreigners have also been asked
to leave and/or deported by the Immigration Department, despite the requirement
of their needed presence in Malaysia as witnesses or victims, for the purposes
of investigation, trials or other administration of justice processes. Crucial
witnesses even in the Wang Kelian human trafficking case, may today be no more
in Malaysia, which will make it near impossible for perpetrators to be tried
and successfully convicted.
In this case, the popular understanding,
is that the relevant authorities are currently investigating the said Al
Jazeera documentary, in which allegedly the said Md Rayhan Kabir was featured.
As such, would not the deportation of this potential witness and/or perpetrator,
impact the ongoing investigation, and even trials if anyone is be charged later
in court? If Md Rayan Kabir had indeed committed a crime, then justly he should
be charged, accorded a fair trial and sentenced according to the Malaysian law,
and not be prematurely sent out of the country. Thereafter, Malaysia may not be
able to bring him back and charge him, or have him as a witness. Even in the
1MDB trials, Malaysia cannot even manage to secure the return of alleged perpetrators
and/or key witnesses, who are now in some other country.
The government, the police and/or
the Immigration Department may believe that someone is guilty but it is
irrelevant, until that person is charged, tried and found guilty by the courts.
Malaysia, and the world, do acknowledge the legal principle that one is
innocent until proven guilty in court.
The Malay Mail report stated,
‘Inspector General of Police Tan Sri Abdul Hamid Bador had said that the police
and the Attorney General’s Chambers (AGC) have found that the documentary
contained seditious elements.’
The beliefs and/or conclusion of
the police and/or even the AGC’s chambers are really irrelevant, until a court
of law, after a fair trial, determines the guilt or innocence of any accused
persons. Many in the past who have been charged and tried have been found not
guilty by the courts.
If the deportation is not
stopped, the concern is that many will believe that Malaysia is simply trying
to avoid a fair trial. If Malaysia is truly convinced that he is guilty of a
crime, then charge and try him in the Malaysian courts in accordance to
Malaysian laws.
To suggest that Md Rayhan Kabir, is
‘guilty’ simply because he appeared in the said documentary maybe unreasonable.
He certainly did not edit and/or produce the said documentary, and it is
totally unreasonable to jump to any conclusion now that all who allowed
themselves be interviewed or featured in the said documentary are guilty. What
did he actually say which was breaking the law? Did the producers edit his
comments, choosing to simply include certain parts? Did he even see the final
documentary, and specifically agree to it? Should we all now be scared to be
interviewed by the press or documentary makers, when we have really no control
about the finally published report or documentary.
It must be noted that historically
the Media and others, responsible in highlighting alleged crime, wrongdoings, injustices,
and human rights violations has led to investigation and prosecutions, and even
policy and legal reforms. If the Malaysian New Straits Times did not highlight the
Wang Kelian issue, and even the Kuantan Bauxite issue, would the government even
have taken action? The same also may apply to the cases connected to 1MDB and
SRC. A recent foreign media report about labour violations, moved Malaysian
authorities to investigate whether there are ‘forced labour’ in a Malaysian
factory.
The importance of the Media and
ordinary persons speaking up and/or highlighting alleged or suspected wrongdoings,
crimes, lacunas, injustices, and rights violations are very important in
bringing about not just government actions, but also needed reforms in policy,
law and practice. A recent United Nations Special Rapporteur’s report just
recently maybe caused Malaysia to increase the household poverty line income(PLI)
from RM980 to RM2,208
Human Rights Defenders are now recognized
also by reason of the 1998 United Nations Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms”(The
Declaration on human rights defenders). This Declaration outline
responsibilities for everyone to promote human rights, to safeguard democracy
and its institutions and not to violate the human rights of others, including
the duty to highlight allegations of violations.
Md Rayhan Kabir is a Human Rights
Defender, as he bravely shared his thoughts/opinions when many in Malaysia
simply fear to speak up.
Therefore, MADPET
Calls for the non-deportation of HR Defender Md Rayhan Kabir, and that
he be charged and accorded a fair trial if he has indeed committed any offence;
Calls for the abolition of administrative deportation of foreigners,
and consider whether the sentence of deportation be incorporated in relevant
offences;
Calls for Malaysia to respect freedom of expression, opinion and media,
and ensure that when allegations are highlighted, there would be investigations
to verify the truth, that could also lead to prosecution and fair trial of the accused;
Reiterates the call for the abolition of the Sedition Act, and also
administrative punitions including detention without trial and deportation.
Charles Hector
For and on behalf
of MADPET(Malaysians Against Death Penalty and Torture)
Immigration Dept: Rayhan Kabir to be deported, permanently banned from entering Malaysia
KUALA LUMPUR, July 25 — The Immigration Department said today it will
deport Md Rayhan Kabir, the Bangladeshi national under fire for
criticising Putrajaya’s handling of migrants during the Covid-19
pandemic in Al Jazeera’s documentary.
In a brief statement, the agency confirmed that Rayhan was arrested
by its intelligence unity yesterday afternoon in Setapak here, following
two weeks of manhunt.
“This Bangladeshi national will be deported and blacklisted from
entering Malaysia forever,” said its director-general Datuk Khairul
Dzaimee Daud.
Rayhan had been the target of the government’s manhunt after his
criticisms against Putrajaya’s detention of undocumented migrant workers
in an Al Jazeera documentary titled Locked Up in Malaysia’s Lockdown which was aired on July 3.
In the 25 minute and 50 second video produced by Al Jazeera’s 101 East
team, he had accused the authorities of racism against undocumented
migrants, claiming that being an illegal immigrant in Malaysia is not a
crime.
This led to the Home Ministry revoking Rayhan’s work permit in the
country, while many Malaysians took to social media to express their
anger against Rayhan.
At the same time, Bukit Aman had also called in the 101 East news crew for questioning.
Inspector General of Police Tan Sri Abdul Hamid Bador had said that
the police and the Attorney General’s Chambers (AGC) have found that the
documentary contained seditious elements. - Malay Mail, 25/7/2020
Peguam jumpa Md Rayhan esok
DUA peguam yang mewakili lelaki Bangladesh, Md Rayhan Kabir yang
ditahan Jabatan Imigresen Malaysia (JIM) kelmarin, akan bertemu anak
guamnya esok.
Peguam terbabit K Sumitha Shaanthinni dan C Selvaraja, dilantik keluarga Md Rayhan sebagai peguam bela.
Sumitha berkata, pihak Polis Diraja Malaysia (PDRM) dan JIM sudah dimaklumkan melalui emel hari ini.
"Di dalam surat itu, kami meminta satu tarikh untuk bertemu dengan anak guam kami.
"Kami akan berada di Bukit Aman jam 2 petang esok untuk bertemu
dengan anak guam kami," katanya dalam satu kenyataan kepada Harian Metro
hari ini.
Sementara itu, Pengerusi Yayasan Keprihatinan Komuniti Malaysia
(MCCF), Halim Ishak berkata, tindakan Md Rayhan membuktikan warga
Bangladesh terbabit tidak menghormati Malaysia sebagai sebuah negara
yang berdaulat sehingga berani memperkotak katikkan tindakan kerajaan
mengawal pandemik maut.
Menurutnya, sudah tiba masanya kerajaan bertegas dan mengambil
tindakan undang-undang kepada mana-mana warga asing yang sengaja mencari
publisiti dengan menuduh wujudnya diskriminasi oleh kerajaan kepada
komuniti Malaysia.
"Warga asing harus sedar segala tindakan dilakukan kerajaan untuk
mengawal penularan Covid-19 adalah yang terbaik bukan saja untuk rakyat
Malaysia, malah pendatang asing tanpa izin (Pati).
"Malaysia antara negara terbaik mengawal penularan Covid-19 tanpa
mengira warga negara atau sebaliknya, kerana apa yang menjadi keutamaan
adalah wabak ini dapat dikawal sebaik mungkin," katanya.
Peguam, Charles Hector Fernandez dari pertubuhan bukan kerajaan (NGO)
Malaysia Against Death Penalty and Torture (Madpet) pula berpendapat
mahkamah harus memutuskan sama ada Md Rayhan perlu dihantar pulang atau
sebaliknya.
"Sekiranya pengusiran itu tidak dihentikan, kebimbangannya adalah
banyak pihak yang percaya bahawa Malaysia hanya berusaha untuk
mengelakkan perbicaraan yang adil.
"Sekiranya Malaysia benar-benar yakin dia melakukan jenayah, maka
tuduh dan bicara di mahkamah Malaysia sesuai dengan undang-undang
Malaysia," katanya dalam satu kenyataan berasingan. - Harian Metro(MyMetro), 25 or 26/7/2020
# This report carries MADPET's comment, from its Media Statement issued.
BERITA
Keluarga Rayhan lantik peguam, NGO gesa perbicaraan adil
Peguam K Sumitha Shaanthinni dan C Selvaraja akan mewakili pemuda 25 tahun itu.
"Polis dan imigresen dimaklumkan melalui e-mel hari ini. Dalam surat kami, kami meminta tarikh untuk bertemu dengan anak guam kami.
"Kami akan berada di Bukit Aman pada hari Isnin (27 Julai) jam 2 petang untuk bertemu dengan anak guam kami," kata Sumitha dalam satu kenyataan kepada Malaysiakini.
Imigresen mula memburu Rayhan setelah dia muncul dalam dokumentari Al Jazeera "Locked Up in Malaysia's Lockdown"
Jabatan itu juga telah menarik balik permit kerjanya.
Polis menahan Rayhan semalam dan akan menyoal siasatnya sebagai sebahagian daripada siasatan ke atas dokumentari tersebut.
Ketua Pengarah Imigresen, Khairul Dzaimee Daud berkata Rayhan akan diusir dari negara dan "menyenarai hitam" dia dari memasuki Malaysia pada masa akan datang.
Menteri Dalam Negeri Hamzah Zainuddin, yang memantau jabatan polis dan imigresen, mengatakan Rayhan akan direman selama 14 hari di pusat tahanan imigresen.
Rayhan menegaskan bahawa dia bercakap benar ketika ditemu ramah oleh Al Jazeera mengenai dakwaan penganiayaan terhadap pendatang tanpa izin oleh pihak berkuasa Malaysia semasa tempoh perintah kawalan pergerakan (PKP)
"Inisiatif diambil langkah demi langkah sesuai keperluan," katanya, yang enggan mengulas lanjut.
Shahidul kemudian memberitahu akhbar Bangladesh, Bangla Tribune bahawa suruhanjaya tinggi itu meminta kebenaran untuk membolehkan pegawai kedutaan berbincang dengan Rayhan.
Sementara itu, Al Jazeera dalam kenyataan di Twitter mengulas penangkapan Rayhan dengan berkata:"Al Jazeera mendapati adalah sangat mengganggu apabila pekerja asing Bangladesh Md Rayhan Kabir telah ditangkap kerana memilih untuk bercakap tentang beberapa pengalaman golongan yang tidak mempunyai suara".
Al Jazeera juga menyorot bahawa Rayhan juga mengalami gangguan secara dalam talian.
Pastikan keselamatan ketika dalam tahanan
Dua NGO hak asasi manusia sejak itu menegaskan agar Rayhan diadili di mahkamah dan bukannya "dideportasi secara sewenang-wenang" sebelum dibuktikan bersalah.
Pengarah eksekutif Inisiatif Utara-Selatan Adrian Pereira mendesak Peguam Negara Idrus Harun untuk memastikan kedaulatan undang-undang ditegakkan dalam kes ini.
"Peguam Negara harus memastikan peraturan undang-undang dan bukan peraturan menurut undang-undang bagaimana Jabatan Imigresen menuduh Rayhan.
"Rayhan mesti diberi perbicaraan yang adil untuk membolehkannya menjelaskan dirinya sendiri dan tidak dihantar pulang secara sewenang-wenang," katanya kepada Malaysiakini.
Pereira juga mendesak kerajaan untuk memastikan keselamatan Rayhan ketika dalam tahanan.
"Apa yang berlaku dalam tahanan adalah sesuatu yang dikhuatiri oleh banyak aktivis dan badan sivil.
"Setelah ditahan, kerajaan harus memastikan keselamatannya," tegasnya.
Pereira juga menggesa reformasi undang-undang imigresen untuk memastikan para pendatang tidak akan menjadi korban atau dideportasi setelah mereka membuat aduan.
Peguam Charles Hector Fernandez dari NGO Malaysia Against Death Penalty and Torture (Madpet) juga bersetuju bahawa mahkamah harus memutuskan sama ada Rayhan perlu dihantar pulang atau tidak.
Dia tidak setuju bahawa pengusiran diputuskan melalui keputusan "pentadbiran".
"Sekiranya pengusiran itu tidak dihentikan, kebimbangannya adalah banyak pihak yang percaya bahawa Malaysia hanya berusaha untuk mengelakkan perbicaraan yang adil.
“Sekiranya Malaysia benar-benar yakin bahawa dia melakukan jenayah, maka tuduh dan bicara di mahkamah Malaysia sesuai dengan undang-undang Malaysia.
"Untuk menunjukkan bahawa Rayhan bersalah hanya kerana dia muncul di dokumentari tersebut, mungkin tidak masuk akal," kata Fernandez dalam satu kenyataan. - Malaysiakini, 25/7/2020
The family of Bangladeshi national Mohd Rayhan Kabir (above, centre) has appointed legal representation for him following his arrest and detention.
“The police and immigration were informed via email today. In our letter, we sought a date to meet our client.
“We will be at Bukit Aman on Monday (July 27) at 2 pm to meet our client,” Sumitha said in a statement to Malaysiakini.
Immigration authorities began looking for Rayhan after he appeared in the Al Jazeera documentary “Locked Up in Malaysia’s Lockdown”.
The department also controversially revoked his work permit.
Police arrested Rayhan yesterday and will proceed to question him as part of its probe into the documentary.
Immigration director-general Khairul Dzaimee Daud has vowed to deport and “blacklist” him from entering Malaysia again.
Home Minister Hamzah Zainuddin, who oversees the police and immigration departments, said Rayhan will be remanded for 14 days at an immigration detention centre.
Rayhan has insisted that he spoke the truth when interviewed by Al Jazeera about the alleged mistreatment of undocumented migrants by Malaysian authorities during the movement control order period.
When contacted, Bangladesh High Commissioner Mohd Shahidul Islam told Malaysiakini that he had sought information about Rayhan from Malaysian authorities through “diplomatic channels”.
He later told Bangladeshi newspaper Bangla Tribune that the high commission was seeking consular access to allow its officials to speak to Rayhan.
Fair trial call
“Al Jazeera finds it disturbing that Bangladeshi migrant worker Mohd Rayhan Kabir has been arrested for choosing to speak up about some of the experiences of the voiceless and the vulnerable,” it said, pointing out that he was also subject to abusive harassment online.
Two
human rights NGO have since insisted that he be tried in court instead
of being “arbitrarily deported” before any guilt was established.
“The AG must ensure rule of law and not rule by law in how the Immigration Department alleges and accuses Rayhan.
“Rayhan must be given a fair trial to allow him to explain himself and not be arbitrarily deported,” he told Malaysiakini.
Pereira also urged the government to ensure Rayhan’s safety while in custody.
“What happens in detention is something many activists and groups are concerned about. Once under custody, the government must ensure their safety,” he stressed.
He further called for immigration law reform to ensure migrants would not be victimised or deported once they lodged a complaint.
Lawyer Charles Hector Fernandez of the NGO Malaysians Against Death Penalty and Torture (Madpet) also agreed that it was up to the courts to decide if Rayhan needed to be deported.
He disagreed that deportation be decided through an “administrative” decision.
“If the deportation is not stopped, the concern is that many will believe that Malaysia is simply trying to avoid a fair trial.
“If Malaysia is truly convinced that he is guilty of a crime, then charge and try him in the Malaysian courts in accordance with Malaysian laws.
“To suggest that Rayhan is ‘guilty’ simply because he appeared in the said documentary is maybe unreasonable,” Fernandez said in a statement. - Malaysiakini, 25/7/2020
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