Group demands public inquiry on unlawfully whipped migrant worker case

Human rights groups are reiterating their call for Suhakam to hold a public inquiry into the case of Sabri Umar, an Indonesian worker who was unlawfully whipped despite his case still pending in the courts.

They also called on Putrajaya to ensure he is allowed to remain and work in Malaysia legally, while he pursues his labour case against his former employer and seeks compensation for injustices suffered.

"It is torturous and unjust to subject Sabri, a victim of rights violations, to the uncertainty every month as to whether the Immigration Department will give a new special pass or not," groups spokespersons Charles Hector and Apolinar Z Tolentino Jr said in a statement.

They added that repatriating him while his case is pending is obstructing justice as he may not have the resources to return for the trial.

They also called on Putrajaya to facilitate the provision of board and lodging and ensure speedy trials in the case of workers with outstanding claims in court.

Malaysia should follow the policy of Indonesia, where employers must continue to provide work or wages to workers when the legality of dismissal is challenged, said Hector and Tolentino.

The duo represent 21 organisations including Malaysians Against Death Penalty and Torture, Building and Wood Workers International Asia Pacific Region and the Sabah Timber Industry Employees Union.

Prolonged health complications

Malaysiakini earlier reported how Sabri, a documented migrant worker, was wrongfully sacked from his job and detained by Tawau police in April.

Sabri was investigated under Section 14(a) of the Sexual Offences Against Children Act 2017 but eventually charged and sentenced under Section 6(1) (c) of the Immigration Act 1959/63.

He claimed to be innocent of both charges, but the Sessions Court sentenced him to 11 months in jail and five strokes of the cane, even though his case was pending appeal.

Four months after his arrest, Sabri was acquitted by the High Court in Tawau.

He sustained prolonged health complications from the whipping.

Indonesia's envoy to Malaysia, Hermono, earlier sent a diplomatic note to the Home Ministry, appealing that Sabri be allowed to extend his immigration special pass which expired on Aug 24.

“I have requested the ministry for a temporary solution addressing Sabri’s immigration status, allowing him to remain in Malaysia to make his claim for justice.

“He may have run out of special passes, so I have asked if an exception could be made for a man seeking justice while he remained under the protection of the consulate in Tawau."

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COMMENT | Let wrongly convicted documented migrant exercise his right