Civil society movements have urged the Human Rights Commission of Malaysia (Suhakam) to initiate urgent reforms and welfare measures to improve conditions in immigration detention centres in the country.

Following two recent deaths at the Juru immigration detention centre in Penang, a memorandum was sent to Suhakam by 32 groups to express their concerns on the inaction on previous requests to improve the conditions in these facilities. Another joint statement endorsed by 124 organisations was handed to Suhakam on 25 May.

Burmese asylum seekers - 21-year-old Thang Hoih and 26-year-old Sa La Hin - died on May 12, 2009 and May 17, 2009 respectively, of Leptospirosis at the Juru detention centre.

Leptospirosis is a disease typically caused through contact of water, food, or soil, contaminated by the urine of infected animals such as rodents, cattle, pigs, horses, dogs and wild animals.

prisoner immigrants behind bars 220605 According to health reports, the infection can be treated with antibiotics; however, if untreated, the disease can cause kidney damage, meningitis, liver failure, respiratory distress, and in rare cases, death.

The memorandum by the civil society groups stated that the government was ultimately accountable for the health and death of the detainees during their periods of detention.

According to the memorandum, deaths in immigration centres are not uncommon, as there was a reported 2,571 deaths of detainees between 1999 and 2008. Causes of these deaths vary from fights and suicide, to illnesses and disease.

"Civil society groups have repeatedly highlighted the poor conditions of immigration detention centres," added the memorandum.

Suhakam has failed

The recent outbreak of Leptospirosis which has led to the deaths of two detainees shows that proper steps have not been taken to improve the conditions of immigration detention centres, added the groups.

juru detention centre 280509 The memorandum stated that various civil society groups have continuously urged action to improve the "overcrowding, poor sanitation, insufficient provision of food and water, and inadequate access to necessary medical and health services".

"Regrettably, the current outbreak of Leptospirosis leading to the death of two detainees does not reflect that adequate steps had been taken to improve conditions in immigration detention centres," the groups added.

The memorandum also took Suhakam to task over its failure to address human rights issues faced by non-citizens.

"We also note with regret that Suhakam has, over the years, failed to exhaust the scope of its mandate with regard to addressing the human rights violations experienced by non-citizens (in particular migrant workers, refugees and stateless persons)."

The memorandum added that Suhakam must view the seriousness of the Leptospirosis outbreak in Juru detention centre with concern and act independently to ensure that justice is done for detainees.

"Suhakam must make the parties responsible for both the outbreak of Leptospirosis in the Juru detention centre and the general deterioration of conditions in detention centres across the country (which include the absence of a doctor and medical personnel stationed in detention centres) accountable.

"Overall, there have been an unacceptably high number of deaths of detainees in detention centres," added the groups in the memorandum.

Conduct an inquiry

They urged Suhakam to, among others,:

  • conduct a public inquiry of the Leptospirosis outbreak, and ensure compensation to the families of the two deceased,

  • conduct investigations on all deaths in detention centres, with public disclosure,

  • monitor detention centre conditions with regular visits, to ensure protection of human rights, and

  • use its power to persuade government with recommendations, including stopping raids and arrests, ensuring registration of detainees, setting up permanent clinics at detention centres, and cooperate with the UNHCR in providing assistance to detainees.

The memorandum was submitted to Suhakam commissioner N Siva Subramaniam yesterday.

Among the groups which endorsed the memorandum were Suaram, Aliran, Amnesty International Malaysia, Bar Council, Jerit, MTUC, PKR, Tenaganita, Women's Aid Organisation, Youth 4 Change (Y4C) and the Social Economic Committee, Kuala Lumpur & Selangor Chinese Assembly Hall (KLSCAH-SEC).

It was reported yesterday that the Juru immigration centre was now Leptospirosis-free as six of the remaining patients at the hospital have been discharged.

One remaining patient is still being warded under stable conditions at the Seberang Jaya hospital.