Alleged trafficking victim appeals ‘unlawful detention’ suit - NGO

Alleged human trafficking victim Jofin Jamon was left dejected after the Kuala Lumpur High Court rejected his lawsuit claiming unlawful detention by the authorities, according to NGO Tenaganita.

The NGO, which has assisted Jofin in his plight, said he is appealing against the decision through his counsel Navpreet Singh.

Jofin filed the suit against the Immigration Department and the Malaysian government on Sept 5 last year, but the Kuala Lumpur High Court struck out the suit on Jan 12 this year and ordered him to pay the defendants RM10,000 as cost.

Explaining Jofin’s plight, Tenaganita claimed he was tricked by a labour trafficking operation into travelling from his native India to Malaysia in January 2018, under false promises of a job and a work visa in this country.

This meant that Jofin was left homeless and without proper immigration documents.

He sought help from Tenanganita, which advised him to lodge a police report against the recruiting agent and referred him to the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Mapo).

“Discouraged by the lack of any positive developments from the police or Mapo until August 2018 and tired of living in fear without valid documents, Jofin surrendered himself to the Immigration Department pursuant to an amnesty programme launched by the Immigration Department.

“Jofin paid the required penalty to the immigration department, and purchased his flight ticket to return to India on Sept 10, 2018,” Tenaganita said in a statement today.

However, on Sept 3, a week before his flight, the police told him his case was being investigated under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and he was required to present himself to the South Klang District Police.

Jofin cooperated, and on Sept 5, 2018, the Klang Magistrate's Court issued a 21-day interim protection order (IPO) pending the investigation.

This meant he was sent to a government shelter to ensure his safety, but could not board his flight back to India on Sept 10.

When the IPO expired on Sept 25, there was still no positive outcome from the investigation, and the magistrate court ordered Jofin to be handed to the Immigration Department for immediate repatriation to India.

Instead of carrying out the magistrate’s order, the department allegedly sent Jofin to the Semenyih Immigration Detention Depot on Sept 28, where he was detained until Nov 1, 2018.

Tenagatina said it learnt of Jofin’s detention in early October 2018 and managed to track down his whereabouts after making persistent enquiries to the authorities and arranged for his repatriation on Nov 2, 2018.

The NGO then sought legal advice on Jofin’s behalf, culminating in the lawsuit filed last year.

“Jofin contended that he was a free person, staying in Malaysia legally on a Special Pass issued to him by the Immigration Department after he had paid the penalty under the Amnesty program, while preparing for his return to India.

“However, the action of the Immigration Department and the government of Malaysia in detaining him at the Semenyih detention depot from Sept 28, 2018 until Nov 1, 2018, resulted in him suffering humiliation, beatings, and loss of liberty for 35 days causing him acute distress and harm,” it said.

The case was struck out after the defendants argued it has no merit and disclosed no reasonable cause of action.

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