Media Statement – 8/12/2025
Undocumented Migrants maybe victims of Human Trafficking, and thus should never be liable for crimes committed whilst being victims or otherwise compelled by human traffickers
- Such victims should never be arrested, detained or treated like Criminals in Malaysia -
MADPET(Malaysians Against Death Penalty and Torture) is most concerned that Malaysia may have forgotten to CONSIDER FIRST whether alleged ‘undocumented migrants’ detained are victims of Human Trafficking, for victims of human trafficking are NOT criminals, whereby the principle of Non-Liability and Non-Punishment for Crimes Committed by Victims of Human Trafficking have been adopted by Malaysia, and is also found in law, the Anti-Trafficking In Persons And Anti-Smuggling Of Migrants Act 2007.
Undocumented Migrants of Victims of Human Trafficking?
It was reported that Malaysian authorities detained 843 undocumented migrants during an integrated enforcement operation in Selayang Baru last night after they were suspected of committing various offences under the Immigration Act (Malay Mail, 7/12/2025). A total of 17,896 undocumented migrants were being held at immigration detention centres nationwide as of July 6, with over 10% of them being children. (FMT, 7/8/2025)
How many of these Undocumented Migrants are in fact victims of human trafficking? The law enforcement must not treat victims of human trafficking like criminals – victims of human trafficking should be protected, and never be treated like a criminal.
Victims of Human Trafficking – No Criminal Liability?
‘…Victims of trafficking are subjected to exploitation in various ways. Sometimes, as a result of their victimization, they engage in illegal conduct. Common examples include involvement in the sex trade, involvement in drug production or trafficking, petty crime, possession or the use of fraudulent documents or entering another country in a manner that does not comply with its immigration laws, and even phone/online scam. In many cases, victims are forced or otherwise compelled by traffickers to commit these crimes or other illegal conduct…’ - ICAT The Inter-Agency Coordination Group against Trafficking in Persons.
In 2002, the United Nations High Commissioner for Human Rights issued the Recommended Principles and Guidelines on Human Rights and Human Trafficking that, amongst others, provides that: ‘Trafficked persons shall not be detained, charged or prosecuted for the illegality of their entry into or residence in countries of transit and destination, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as trafficked person.’
ASEAN Convention Against Trafficking in Persons, Especially Women and Children, which was adopted in Kuala Lumpur, Malaysia on 21/11/2015 clearly states in Article 14(7) that ‘Each Party shall, subject to its domestic laws, rules, regulations and policies, and in appropriate cases, consider not holding victims of trafficking in persons criminally or administratively liable, for unlawful acts committed by them, if such acts are directly related to the acts of trafficking.’
Malaysia’s Accepts Principle of Non-Criminal Liability of Human Trafficking Victims
In Malaysia, Section 25 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 states as follows:
Section 25 - Immunity from criminal prosecution
A trafficked person shall not be liable to criminal prosecution in respect of-
(a) his illegal entry into the receiving country or transit country;
(b) his period of unlawful residence in the receiving country or transit country; or
(c) his procurement or possession of any fraudulent travel or identity document which he obtained, or with which he was supplied, for the purpose of entering the receiving country or transit country,
where such acts are the direct consequence of an act of trafficking in persons that is alleged to have been committed or was committed.
Thus, MADPET is concerned whether the Immigration Department and other authorities have ignored this LAW when they crackdown on migrant or even LOCAL persons, without considering whether they are victims of human trafficking or not.
How many of the said 843 undocumented workers recently detained victims of human trafficking? If they are victims, they should not also be detained in the first place, or treated like criminal suspects or criminals. They should not be placed in the same DETENTION places – but as victims, should be housed in proper dignified housings.
When Migrant Workers Are Deceived, They Become Victims of Human Trafficking
Many foreign nationals have been deceived to come to Malaysia as migrant workers, only to find themselves with no job and/or income as agreed/promised. Recently the High Court decision upheld a Labour Court ruling awarding over RM760,000 to the workers, who were left stranded without jobs upon arriving in Malaysia in 2023. (Malaysiakini, 1/11/2025). In this case, these migrant workers managed to get a new employer, and thus were able to pursue their rights in Malaysian Courts.
How many other migrant workers would have been not so lucky – and ended up in Malaysia ultimately as ‘undocumented migrants’ as direct consequence of an act of trafficking in persons? being compelled by their reality to earn income in whatever way possible.
Other migrants may have been tricked to come to Malaysia on agreements to work for 3 or more years, but end up being deceived when their employer wrongly not renewing their Immigration annual work passes/permits. Agreement to pay recruitment fees are also breached. Agreed wages not paid, and if the workers fight for their rights, they risk being sent back to their home country ‘forcibly’.
One recent reported case that Ansell suspended MediCeram as a supplier and publicly expressed its unhappiness with the company would not have happened if Ansell found the allegation of worker abuse was not baseless. The allegations against the employer in this case included wage theft, forced labour and debt bondage, as well as the deportation of workers who complained about their treatment. (ABC, 23/11/2025)
Deception of workers for the purpose of exploitation is TRAFFICKING in Malaysia
In the Malaysian Anti-Trafficking In Persons And Anti-Smuggling Of Migrants Act 2007, "trafficking in persons" means all actions of recruiting, conveying, transferring, acquiring, maintaining, harbouring, providing or receiving, a person, for the purpose of exploitation, by the following means: (a) threat or use of force or other forms of coercion; (b) abduction; (c) fraud; (d) deception; (e) abuse of power;(f) abuse of the position of vulnerability of a person to an act of trafficking in persons; or (g) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;. "Exploitation" includes all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs;
As such, it is highly probable that many of these so called ‘undocumented migrants’ are in fact victims of human trafficking, where Malaysia too may be guilty being accomplices in the crime of Human Trafficking if they simply take them as persons illegally coming and/or remaining in Malaysia, and NOT consider and investigate FIRST whether these ‘undocumented migrants’ are in fact victims of human trafficking.
If they are victims of human trafficking, then Malaysia must identify and prosecute these human traffickers, even if they may be government-linked companies. The victims are necessary witnesses needed for the successful prosecution of human traffickers, and Malaysia must not ‘destroy’ or make unavailable such witnesses that are needed for effective prosecution of human traffickers in the Malaysian courts.
Justice for Victims of Human Trafficking include compensation for their sufferings
Victims of human trafficking should not just be ‘RESCUED’ but should be adequately compensated for their sufferings and losses as a consequence of being trafficked, and that can only be done in Malaysia where these human trafficking companies/persons are.
Need for an Anti-Human Trafficking Task Force to ensure victims not wrongly arrested
MADPET calls for a setting up of an Anti-Trafficking Task Force that will effectively also investigate and determine all those currently in detention in Malaysian In Immigration Detention Facilities and other facilities for being illegally present in Malaysia as to whether they are indeed victims of human trafficking.
Those who came into Malaysia by reason of valid employment passes/permits should be presumed victims of human trafficking unless their employer or agent can prove otherwise. For others who came to Malaysia on the promise of work and income, they too should be presumed to be victims of human trafficking.
Expand Criminal Non-Liability of Human Trafficking Victims To ALL Crimes
It is no use to have laws that acknowledge the principle of Non-Liability and Non-Punishment for Crimes Committed by Victims of Human Trafficking, and then not enforce them.
MADPET also urges Malaysia to extend this principle to cover all other CRIMES where a trafficked person was victims that are forced or otherwise compelled by traffickers to commit and this must cover ALL CRIMESS including drug production or trafficking, petty crime, possession or the use of fraudulent documents or entering another country in a manner that does not comply with its immigration laws, and even phone/online scam.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
see also
Non-Liability and Non-Punishment for Crimes Committed by Victims of Human Trafficking - A Defence to Criminal Charges and a Mitigating Factor?
Minister Steven Sim - Migrant Workers' Rights Violated/Terminated and Deported? MEDICERAM - Supply Chain of ANSELL, Top Glove, Etc..Ansell suspend its relationship with MediCeram?
Authorities detain 843 undocumented migrants in Selayang Baru raid after community complaints
KUALA LUMPUR, Dec 7 — Authorities detained 843 undocumented migrants during an integrated enforcement operation in Selayang Baru last night after they were suspected of committing various offences under the Immigration Act.
Selangor Menteri Besar Datuk Seri Amirudin Shari, who chairs the State Security Committee, said those arrested comprised 808 men and 35 women aged between 21 and 53, including individuals from Indonesia, Bangladesh, India, Myanmar, Nepal and Pakistan.
“This operation was carried out after receiving complaints from the community about the influx of foreign workers, including those operating businesses on the side of the road. Intelligence was conducted before the inspection was carried out,” he told reporters after taking part in the operation.
He said similar exercises had previously been conducted in Seri Muda, the Selangor Wholesale Market and several other locations.
A total of 358 personnel from the Immigration Department, police, armed forces, National Registration Department and local authorities were involved, alongside senior officials including Immigration Department deputy director-general (operations) Datuk Lokman Effendi Ramli, Selangor police chief Datuk Shazeli Kahar and Selangor Immigration director Khairul Aminus Kamaruddin.
Amirudin said two Malaysians were also arrested for suspected drug abuse.
He said all detainees were believed to have committed offences such as lacking identification documents, overstaying, breaching pass conditions or using unrecognised cards, and were taken to the Semenyih Immigration Depot for further investigation.
“This operation will continue to detect, arrest, prosecute and deport foreigners who violate the law, in accordance with the Immigration Act 1959/63, the Passport Act 1966, the Immigration Regulations 1963 and the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007,” he said, adding a reminder for employers to hire foreign workers only through legal channels. — Bernama - Malay Mail, 7/12/2025
18,000 undocumented migrants held at detention centres, says Saifuddin
The home minister says over 10% of detainees are children, all of whom are housed with at least one parent.
In a written parliamentary reply, he said all the children were detained with at least one parent and were not separated from their families.
Saifuddin said the immigration department operates 20 detention facilities, 18 permanent depots and two temporary holding centres, along with six centres for minors, known as Baitul Mahabbah.
He said these facilities have an overall capacity of 21,530, with the number of detainees at any given time ranging between 16,000 and 18,000, depending on arrests and deportations.
Four nationalities make up over 90% of the detainee population: Myanmar (41.6% or 7,453 people), the Philippines (21.5% or 3,839), Indonesia (21.3% or 3,817) and Bangladesh (6.3% or 1,136).
Saifuddin was responding to Syed Saddiq Syed Abdul Rahman (Muda–Muar), who asked for the number of individuals held at each immigration detention centre.
In a separate reply to Takiyuddin Hassan (PN-Kota Bharu), Saifuddin said 98,318 Malaysians renounced their citizenship between 2015 and 2025 to become Singapore citizens.
He said 2024 saw the highest number of renunciations during the period, with 16,930 Malaysians giving up their citizenship. - FMT, 7/8/2025
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