A Burmese democracy activist arrested and detained by the police for participating in a peaceful demonstration in Kuala Lumpur last year, may be deported to his home country to face an uncertain fate.

Muhammed Sayed Muhammed Yunus, a Muslim Rohingya, was arrested at his home in Kuala Lumpur on Oct 25, and is currently being held in the Langkap detention camp in Perak, which temporarily houses illegal immigrants to Malaysia before being deported.

Muhammed Sayed was alleged to have participated in a protest on Sept 9 last year in conjunction with a global campaign calling for the military junta to reconvene Parliament in Burma. The demonstration was held in front of the Burmese Embassy and various groups of Burmese including Muhammed Sayed also distributed "Free Burma" balloons and Aung San Suu Kyi's "Courage" badges near the Central Market on the same day.

Muhammed Sayed was a former student leader in Burma and had to flee the country in 1988 to seek asylum in India before going to Thailand and later Malaysia. A campaigner of the National League for Democracy (NLD), he subscribes to opposition leader Aung San Suu Kyi's belief in using non-violent methods when championing social causes.

According to the coordinator of the Burma Solidarity Group Malaysia, K.P. Lee, Muhammed Sayed is a refugee protected by the United Nations High Commissioner for Refugees (UNHCR). "He has been in Malaysia for the last four years. He is not an illegal immigrant nor has he committed any crime," Lee said when contacted by malaysiakini today.

According to Lee, Muhammed actually informed the police of his intention to hold the demonstration and was verbally told to proceed.

"He should be immediately released. Under no circumstances must Mohammed Sayed be returned to Burma. His history as a democracy activist during the 8888 uprising within Burma and as a campaigner against military repression in Burma after his escape to India make it extremely dangerous for him to return," Lee said.

On Aug 8, 1988, thousands of Burmese students poured into the streets of Rangoon and other cities demanding democracy but faced a bloody crackdown. A new military government was formed and free elections were held in two years later.

The NLD, lead by Suu Kyi, scored a landslide victory in the polls. However, the ruling military junta, the then State Law and Order Restoration Council, refused to accept the outcome.

The party has since been campaigning, often without much success, for the military government to yield to the decision of the voters. In 1997, Burma was admitted into Asean despite virulent objections from NLD and human rights groups in the region.

Lee added that Muhammed Sayed would definitely be arrested, if not tortured and killed if he was sent back to Burma. "Members of his family have all suffered under the regime and his father was executed by the military junta for his beliefs," said Lee.

"On Feb 1, the Immigration authorities attempted to deport Mohammed Sayed to Thailand. I was informed by Immigration that this was done with the blessing of the UNHCR but the UNHCR office in Kuala Lumpur denied this. Parties friendly to us managed to obtain a temporary stay of deportation," added Lee.

Despite his stay of deportation, Mohammed Sayed's current position is far from secure. He has applied for resettlement in Australia but the application is pending. He can still be deported to Thailand or Burma any day now.

"We are aware that the UNHCR has the ability and clout to make a difference in both his Australian application and his status with Malaysian Immigration. We therefore appeal to the UNHCR to take immediate action to stop Mohammed Sayed's deportation, to ask for his release, and take an active role in resettling him in Australia or another safe third country," added Lee.

Meanwhile the officer-in-charge in UNHCR and the immigration department were unable for comment.

An official from the Australian High Commission, Peter Richard, on the other hand, refused to comment on the matter.

"I'm sorry I can't give you any information as the Australian High Commission prevents us from speaking to another party. I can, however, confirm that there is an outstanding application from Muhammed Sayed," he said when contacted by malaysiakini .