High Court orders Iranian man's release after 152 days 'unlawful' detention
The High Court today found an Iranian man was unlawfully detained, and ordered his release after 152 days in custody.
Judge Mohd Yazia Mustafa found the Immigration Department failed to present Mohammadhosein Samadi to a magistrate within 14 days of his arrest to obtain a remand order, The Malay Mail reported.
Mohammadhossein Samadi was arrested on March 25 for...
The High Court today found an Iranian man was unlawfully detained, and ordered his release after 152 days in custody.
Judge Mohd Yazia Mustafa found the Immigration Department failed to present Mohammadhosein Samadi to a magistrate within 14 days of his arrest to obtain a remand order, The Malay Mail reported.
Mohammadhossein Samadi was arrested on March 25 for drink driving, pleaded guilty and served the sentence of two days’ jail and RM10,000 fine.
He was transferred to the Kuala Kubu Baru immigration detention centre on March 27 and rearrested by the Immigration Department that day under Section 25 of the Immigration Act, the portal reported.
The judge said although the immigration arrest was lawful, his detention was not presented to a magistrate for remand.
This was required under Article 5(4) of the Federal Constitution and Section 51(5) of the Immigration Act.
Mohammadhossein, who has since been transferred to the Bukit Jalil Immigration Depot, is married to Malaysian Ginny Lim Su Lane and has two children, aged five and seven.
His case bears stark resemblance to that of Nigerian man, Simon Adavize Momoh.
In April, the High Court ordered Momoh’s release after 39 days of unlawful detention.
Like in Mohammadhossein’s case, the High Court found Momoh was not presented to a magistrate for a remand hearing, within 14 days of arrest.
Similarly, Momoh, who is married to Malaysian Low Kar Hui, was arrested for drink driving.
The father of two had paid a RM12,000 fine and served the sentence of one day in jail, but was subsequently rearrested under the Immigration Act.
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