An interest group has cried foul over the arrest of two Acehnese refugees holding valid UN-issued temporary protection letters, claiming that the police made no distinction if those arrested would be subject to grave danger if deported.

Citizens' International officer Shabrimi Sidek said the police, who arrested the men last Sunday in Bukit Jambul, Penang, confirmed that the arrests were not spurred by public complaints of criminal activities.

Despite that, the police continued to detain the men and refused to investigate their status by asking the detainees to prove the validity of their UN letters, the activist said when contacted today.

The United Nations High Commissioner for Refugees (UNHCR), following an interview process, issues 'temporary protection letters' to individuals deemed as needing protection from their country of origin. Acehnese are given consideration as a conflict-fleeing group requiring protection.

Shabrimi said further attempts to follow up on the arrests were stonewalled, as the station's officers declared that the case was no longer within their jurisdiction, but the immigration's.

The men have since been sent to the Langkap detention centre in Perak together with 12 other migrants from Aceh, having been detained for one day at the Balik Pulau district police station.

Concern for safety

"We are very concerned about their safety. The police know that in some cases, those sent back have been killed or 'disappear'. We are asking that they give due consideration on humanitarian grounds," Shabrimi said.

The most disconcerting part of their arrests, is the fact that one of the detainees is an active member of a human rights organisation in Aceh, and returning him at this point would place his life at great risk, he said.

Coordination between the police, immigration and UNHCR is now required, said Shabrimi, because a "commitment has been made to release those detainees with letters if they are proven to be genuine."

UNHCR has been informed of the incident, but the fact is that the arrest of individuals carrying temporary protection letters are routine.

The police do not make any distinction between those with UN letters and those without - individuals are arrested when their visas are not valid.

It remains under the discretion of the immigration department whether to deport, and there are times where due consideration is given to individuals who are already slated for resettlement in the third country. They are held at illegal immigrants detention camps until it is time to be resettled.

International criticism

Recently, US-based Human Rights Watch accused Malaysian authorities of violating their international legal obligations by failing to distinguish between Acehnese refugees fleeing conflict and other undocumented Indonesians in Malaysia.

"Acehnese are fleeing a brutal conflict, marked by massive human rights violations," said the organisation in a report issued in April.

"Instead of deporting, detaining and abusing them, Malaysia should recognise its legal obligations and offer them a safe place of refuge until it is safe to go home," it said.

Indonesia last May declared martial law in the northwestern province of Aceh and launched an all-out offensive aimed at crushing separatist rebels of the Free Aceh Movement (GAM).

While martial law was just lifted on May 19, interest groups claimed that, with the exception of military leaders being replaced by civilian leaders, the situation for Acehnese in terms of economic and social security have not changed.

"From what we have heard, it was just a change in name only. There has been no comprehensive programme proposed by the Indonesian government to address the problems of displacement and insecurity," said Shabrimi.

He expressed concern that neighbouring governments like Malaysia may use the excuse of the lifting of martial law, to commence deportation exercises on refugees from Aceh.

"But in fact, agencies like UNHCR do not expect conditions to improve, that we may see just as many people feeling Aceh as during the martial law," he said.