Sunday, July 26, 2020

Deportation of Rayhan will undermine the rule of law (Malaysian Insight)

Deportation of Rayhan will undermine rule of law



MALAYSIANS Against Death Penalty and Torture (Madpet) is appalled by the administrative decision and action of the Malaysian Immigration Department to deport and permanently bar one Md Rayhan Kabir, a Bangladeshi national, who allegedly featured in the Al Jazeera documentary entitled “Locked Up in Malaysia’s Lockdown”.

“This Bangladeshi national will be deported and blacklisted from entering Malaysia forever,” director-general of Immigration, Khairul Dzaimee Daud said in news reports.

A decision that affects the life and liberty of a person should never be an administrative decision of an individual government department or even the cabinet. It must be a decision of the courts after the alleged perpetrator is accorded the right to a fair trial.

Media reports suggest that this may be a decision of the Immigration Department and not that of the prime minister 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 they have lodged the complaint at the relevant department and agency, some employers tend to respond by terminating their employment and  getting their permits or visas cancelled, resulting in their having to leave Malaysia. In the Malaysian administration of justice system, failure of the complainant to turn up for proceedings will generally mean the end of the investigation and the justice process, allowing the perpetrators to escape scot-free and denying the victims justice.

Foreigners have also been asked to leave 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 Rayhan 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 Rayhan 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 the Immigration Department may believe that someone is guilty but that 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.

Media reports quoted Inspector-General of Police Abdul Hamid Bador as saying that the police and the Attorney-General’s Chambers (AGC) found the documentary to contain seditious elements.

The beliefs or conclusion of the police or even of the AGC are really irrelevant; it is a court of law that, after a fair trial, determines the guilt or innocence of the accused person. Many in the past have been charged and tried and found not guilty.

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 with Malaysian laws.

To suggest Rayhan is guilty simply because he appeared in the said documentary maybe unreasonable. He certainly did not edit 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 New Straits Times had not highlighted the Wang Kelian and the Kuantan bauxite affairs, 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 was forced labour in a Malaysian factory.

The importance of the media and ordinary persons speaking up or highlighting alleged or suspected wrongdoings, crimes, lacunas, injustices, and rights violations are 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 led Malaysia to revise its household poverty line income from RM980 to RM2,208

Human rights defenders are recognised by the order of the 1998 United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms. The declaration indicates it is everyone’s duty to promote and protect human rights and safeguard democracy and its institutions, including to highlight rights violations.

Rayhan is a human rights defender because he has bravely shared his thoughts and opinions when many in Malaysia simply fear to speak up.

Therefore, Madpet calls for:

The non-deportation of Rayhan and that he be accorded a fair trial if he has indeed committed any offence;

The abolition of administrative deportation of foreigners;

Malaysia to respect freedom of expression and the media to ensure human rights violations are brought to light and investigations are held to verify the truth, leading to prosecution and a fair trial for the accused; and

The abolition of the Sedition Act and administrative punitions including detention without trial and deportation. – July 25, 2020.

* Charles Hector writes on behalf of Malaysians Against Death Penalty and Torture. -Malaysian Insight, 25/7/2020

See full statement, as issued, at

Deportation of Human Rights Defender Md Rayhan Kabir will undermine the administration of justice in Malaysia(MADPET)



No comments: