Suhakam: Whipping of illegal immigrants violates human rights

comments     Claudia Theophilus     Published     Updated

The government should reconsider caning as a penalty for illegal immigrants arrested in Malaysia because it amounts to cruel and inhumane treatment, Human Rights Commissioner Prof Mohd Hamdan Adnan said today.

"The government should seriously consider scrapping the caning provision, especially since protests were registered when the proposal to amend our immigration law was first made," he said when contacted.

"The caning of offenders has also delayed the deportation of illegal immigrants because the authorities have to wait until the wounds are healed. We found detainees (at Semenyih camp yesterday) with fresh-looking scars."

Malaysia's immigration laws were tightened last August to stem the influx of foreigners entering the country illegally. Most of them were seeking relief from deteriorating economic conditions and civil unrest in their countries.

Yesterday, a six-member team from Suhakam visited the five-block Semenyih camp, which houses almost 2,000 detainees and found them enduring hot, uncomfortable and cramped living conditions. Most are from Indonesia (825), Burma (293), Cambodia (269) and India (133).

Each block (four for men and o­ne for women and children) is capable of housing 400 detainees.

"Due to frequent enforcement raids by the police and immigration authorities o­n nightspots in recent months, the number of women detainees has increased, forcing authorities to hold them in o­ne of the blocks designated for men," Hamdan said.

"This has led to even worse space limitations for the men who have to share the remaining three blocks. We found the detainees sitting and sleeping o­n the cement floor, including those with scars o­n their buttocks."

Delays in deportation

Another problem has arisen due to delays in deporting the offenders.

"Despite their desperation to return home, some have been stuck at the camp for almost a year due to delays in the processing of their travel documents by their respective embassies," Hamdan said.

"The embassies should take their citizens' rights more seriously and give priority to their plight by expediting the deportation process. This will be beneficial to all concerned."

He described how two Indian nationals started crying and pleading to be sent back when they saw the Suhakam delegation, which was accompanied by senior immigration officers from Selangor and the headquarters.

Selangor Immigration director Che Mamat Abdullah briefed the delegation o­n the camp before taking them o­n a tour of the detention blocks. Also in the team were Suhakam investigation director Mohd Nasir Hadi and communications director Hanizah Hashim.

A statement issued by Suhakam secretary Kamaruddin Mohamed Baria said most of the foreigners were being detained for not having valid travel documents or breaching the conditions of their permits. Others were waiting to be deported.

He said detention at the Semenyih camp was mainly to facilitate investigation of foreign workers until employers produce valid documents.

Although the Immigration Department tries not to delay the deportation, Kamaruddin said the usual problems involve the processing of documents, the holding of witnesses for court cases and the change of entry points in the home countries.

"We will write to the relevant embassies requesting them to expedite the processing of travel documents," he said.



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