Media
Statement – 25/7/2020
Deportation of Human Rights Defender Md Rayhan Kabir will undermine the
administration of justice in Malaysia
-Abolish Administrative Deportation and Punishments - Respect Freedom of
Expression-
MADPET(Malaysians Against Death
Penalty and Torture) is appalled by the administrative decision and action of
the Malaysian Immigration Department that decided to deport and permanently bar
re-entry of one Md Rayhan Kabir, a Bangladeshi national, that was allegedly
featured in the Al-Jazeera documentary entitled ‘Locked Up in Malaysia’s
Lockdown’. (Malay Mail, 25/7/2020). ‘ “This Bangladeshi national will be
deported and blacklisted from entering Malaysia forever,” said its
director-general Datuk Khairul Dzaimee Daud.
Such actions and/or decisions, that
affects the life and liberty of a person, should never be administrative
decisions of any individual government department or even the Cabinet. It must
be a decision of the courts after the alleged perpetrator is accorded his/her
right to a fair trial.
The media report, suggest that
this maybe a decision of the Immigration Department, not even the Prime
Minister and/or the Cabinet.
Such arbitrary decisions of the
Immigration Department has many a times in the past undermined the administration
of justice, and allowed perpetrator of crime to escape scot free, and victims to
be denied existing legal rights, now available in Malaysian laws.
Whenever a migrant or migrant
worker, raises complaints of rights violation, even after he/she has already
lodged the complaint at the relevant department and agency, some employers tend
to respond by terminating their employment, and/or getting their permits/visas cancelled,
resulting in their having to leave Malaysia. In the Malaysian administration of
justice system, the failure of the complainant to turn up in a proceedings, will
generally mean a discontinuation of the investigation and/or administration of
justice process which allows the perpetrators to escape scot free, and the
victims being denied justice.
Foreigners have also been asked
to leave and/or deported by the Immigration Department, despite the requirement
of their needed presence in Malaysia as witnesses or victims, for the purposes
of investigation, trials or other administration of justice processes. Crucial
witnesses even in the Wang Kelian human trafficking case, may today be no more
in Malaysia, which will make it near impossible for perpetrators to be tried
and successfully convicted.
In this case, the popular understanding,
is that the relevant authorities are currently investigating the said Al
Jazeera documentary, in which allegedly the said Md Rayhan Kabir was featured.
As such, would not the deportation of this potential witness and/or perpetrator,
impact the ongoing investigation, and even trials if anyone is be charged later
in court? If Md Rayan Kabir had indeed committed a crime, then justly he should
be charged, accorded a fair trial and sentenced according to the Malaysian law,
and not be prematurely sent out of the country. Thereafter, Malaysia may not be
able to bring him back and charge him, or have him as a witness. Even in the
1MDB trials, Malaysia cannot even manage to secure the return of alleged perpetrators
and/or key witnesses, who are now in some other country.
The government, the police and/or
the Immigration Department may believe that someone is guilty but it is
irrelevant, until that person is charged, tried and found guilty by the courts.
Malaysia, and the world, do acknowledge the legal principle that one is
innocent until proven guilty in court.
The Malay Mail report stated,
‘Inspector General of Police Tan Sri Abdul Hamid Bador had said that the police
and the Attorney General’s Chambers (AGC) have found that the documentary
contained seditious elements.’
The beliefs and/or conclusion of
the police and/or even the AGC’s chambers are really irrelevant, until a court
of law, after a fair trial, determines the guilt or innocence of any accused
persons. Many in the past who have been charged and tried have been found not
guilty by the courts.
If the deportation is not
stopped, the concern is that many will believe that Malaysia is simply trying
to avoid a fair trial. If Malaysia is truly convinced that he is guilty of a
crime, then charge and try him in the Malaysian courts in accordance to
Malaysian laws.
To suggest that Md Rayhan Kabir, is
‘guilty’ simply because he appeared in the said documentary maybe unreasonable.
He certainly did not edit and/or produce the said documentary, and it is
totally unreasonable to jump to any conclusion now that all who allowed
themselves be interviewed or featured in the said documentary are guilty. What
did he actually say which was breaking the law? Did the producers edit his
comments, choosing to simply include certain parts? Did he even see the final
documentary, and specifically agree to it? Should we all now be scared to be
interviewed by the press or documentary makers, when we have really no control
about the finally published report or documentary.
It must be noted that historically
the Media and others, responsible in highlighting alleged crime, wrongdoings, injustices,
and human rights violations has led to investigation and prosecutions, and even
policy and legal reforms. If the Malaysian New Straits Times did not highlight the
Wang Kelian issue, and even the Kuantan Bauxite issue, would the government even
have taken action? The same also may apply to the cases connected to 1MDB and
SRC. A recent foreign media report about labour violations, moved Malaysian
authorities to investigate whether there are ‘forced labour’ in a Malaysian
factory.
The importance of the Media and
ordinary persons speaking up and/or highlighting alleged or suspected wrongdoings,
crimes, lacunas, injustices, and rights violations are very important in
bringing about not just government actions, but also needed reforms in policy,
law and practice. A recent United Nations Special Rapporteur’s report just
recently maybe caused Malaysia to increase the household poverty line income(PLI)
from RM980 to RM2,208
Human Rights Defenders are now recognized
also by reason of the 1998 United Nations Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms”(The
Declaration on human rights defenders). This Declaration outline
responsibilities for everyone to promote human rights, to safeguard democracy
and its institutions and not to violate the human rights of others, including
the duty to highlight allegations of violations.
Md Rayhan Kabir is a Human Rights
Defender, as he bravely shared his thoughts/opinions when many in Malaysia
simply fear to speak up.
Therefore, MADPET
Calls for the non-deportation of HR Defender Md Rayhan Kabir, and that
he be charged and accorded a fair trial if he has indeed committed any offence;
Calls for the abolition of administrative deportation of foreigners,
and consider whether the sentence of deportation be incorporated in relevant
offences;
Calls for Malaysia to respect freedom of expression, opinion and media,
and ensure that when allegations are highlighted, there would be investigations
to verify the truth, that could also lead to prosecution and fair trial of the accused;
Reiterates the call for the abolition of the Sedition Act, and also
administrative punitions including detention without trial and deportation.
Charles Hector
For and on behalf
of MADPET(Malaysians Against Death Penalty and Torture)
Immigration Dept: Rayhan Kabir to be deported, permanently banned from entering Malaysia
KUALA LUMPUR, July 25 — The Immigration Department said today it will
deport Md Rayhan Kabir, the Bangladeshi national under fire for
criticising Putrajaya’s handling of migrants during the Covid-19
pandemic in Al Jazeera’s documentary.
In a brief statement, the agency confirmed that Rayhan was arrested
by its intelligence unity yesterday afternoon in Setapak here, following
two weeks of manhunt.
“This Bangladeshi national will be deported and blacklisted from
entering Malaysia forever,” said its director-general Datuk Khairul
Dzaimee Daud.
Rayhan had been the target of the government’s manhunt after his
criticisms against Putrajaya’s detention of undocumented migrant workers
in an Al Jazeera documentary titled Locked Up in Malaysia’s Lockdown which was aired on July 3.
In the 25 minute and 50 second video produced by Al Jazeera’s 101 East
team, he had accused the authorities of racism against undocumented
migrants, claiming that being an illegal immigrant in Malaysia is not a
crime.
This led to the Home Ministry revoking Rayhan’s work permit in the
country, while many Malaysians took to social media to express their
anger against Rayhan.
At the same time, Bukit Aman had also called in the 101 East news crew for questioning.
Inspector General of Police Tan Sri Abdul Hamid Bador had said that
the police and the Attorney General’s Chambers (AGC) have found that the
documentary contained seditious elements. - Malay Mail, 25/7/2020
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