MALAYSIA : Arbitrary arrest and detention of Burmese asylum seekers and risk of forcible return to Myanmar
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.
Brief description of the situation
The International Secretariat of OMCT has been informed by SUARAM and the Asian Human Rights Commission (AHRC), both member of the OMCT network, of the arbitrary arrest and detention of 28 Burmese asylum seekers in Malaysia.
According to the information received, Malaysian police arrested 28 Burmese asylum seekers (22 men and 6 women) outside the compound of the United Nations High Commissioner for Refugees (UNHCR) in Kuala Lumpur at about 3 am on April 14th, 2004. The arrests took place as the asylum seekers were queuing up to register with the UN refugee agency. Only Burmese asylum seekers were arrested by the police, although Indonesian and Bangladeshi asylum seekers were also waiting in line in front of the UNHCR office.
The following people were reportedly arrested: Adam Khin, Anandda Dandee, Anuar Shaker, Asoh Ulong, Ayout, Banya, Brang Shang, Bumbo, Gilbert, Harun Numu Ahmad, Housin Ali, Kong Htut Aung, Mg Myo Myo, Mohamad Khan, Mohd Ayas Jamal, Muang Zaw Htet, Mustafa Ali, Na Ing, Soh Aung, Thein, Yasin Ali, Zahidamat, Ah Mai, Cherray, Khau Ng Pu, Kurzi, Matriah Marthy, and Nan Sar.
It is reported that these 28 asylum seekers are currently being detained at the Semenyih Immigration Camp in Selangor state. UNHCR is in the process of meeting the detainees and registering them in order for their claims to be processed. If any applicants are recognised as refugees by UNHCR, they would not be released until resettlement for them has been arranged. However, unsuccessful applicants are at risk of being forcibly returned to Myanmar (Burma). Previous incidents give rise to the concern that the camp authorities may also decide to "convince" the detainees to sign letters that they want to be repatriated voluntarily rather than wait for their claims to be processed by UNHCR. There are also concerns that methods to force this type of signature have reportedly included assault, threats, and denial or restriction of facilities, food and other forms of physical and psychological pressure that may amount to ill-treatment or torture.
According to the information received, the arrest of the 28 Burmese asylum seekers is the latest in a string of reported arrests targeted at Burmese asylum seekers and undocumented Burmese workers over the past week. The police crackdown appears to have been prompted partly as a response to an arson attack on the Myanmar (Burmese) Embassy on 7 April 2004 that has been attributed to 4 Burmese nationals, who were remanded by the police. Burmese asylum seekers and the locally-based Chin Refugee Centre have also reported that police raids have been stepped up in a number of locations in and around Kuala Lumpur where Burmese nationals are known to congregate.
It is reported that on 9 April 2004, police carried out an illegal immigrant sweep operation around Jalan Meru in Klang where around 200 persons were arrested, including 30 Burmese nationals. Further it is reported that on 11 April 2004, 18 male and 4 female Chin asylum seekers were arrested around the Jalan Imbi area in Kuala Lumpur. The men were send to the Lenggend detention camp in Negri Sembilan while the women were sent to the Machap Umboo camp in Melaka. Among the arrested are two refugees recognised by UNHCR: a 13-year-old girl and a 52-year-old man. It is also reported that on 13 April 2004, 30 Burmese nationals were arrested in Putrajaya. The men were said to be working at a construction site in the administrative capital.
Background information
The conditions in Semenyih Detention Camp in Selangor, where the Burmese asylum seekers are detained, are reported to be poor. Visits by the Malaysian Human Rights Commssion have revealed that the food, sanitary condition, disease, and sleeping facilities are all inadequate.
In addition to the specific incidents of targeted arrests of Burmese asylum seekers mentioned earlier, the Government of Malaysia has, according to the Asian Legal Resource Centre, repeatedly been violating international obligations by arresting asylum seekers and blocking their access to UNHCR. It is reported that in August 2003 (echoing an incident in August 2002), the police on two occasions arrested and detained 239 and 50 mainly Acehnese and Burmese refugees and asylum seekers respectively, who were in the process of seeking asylum at UNHCR. The police set up road blocks at all entry points to the UNHCR office and arrested all those without valid documentation.
Malaysian Immigration Law makes no distinction between refugees and illegal immigrants. All undocumented persons in Malaysia are labeled “illegal immigrants” and are subjected to harsh and arbitrary immigration laws. Undocumented persons risk imprisonment up to five years, whipping up to six strokes of the rotan (cane), a fine of up to RM10,000 (about US$ 600), and deportation. Further, the Malaysian Government has not established any means for asylum seekers to challenge and overturn their detention and repatriation through judicial or administrative avenues. According to the Asian Legal Resource Centre, by 5 September 2003 the Malaysian Government had repatriated 66 asylum seekers to Aceh, claiming that they had ‘volunteered’ to return, and these persons were powerless to defend their rights.
OMCT is gravely concerned by the arrests of the 28 Burmese individuals, as well as the targeted arrest and arbitrary detention of other Burmese individuals. OMCT strongly urges the Maylasian authorities not to send any of the detainess back to Burma (Myanmar) where they are at risk of ill-treatment and torture or to Thailand, where they are at risk of possible arrest and deportation to Burma. The Malaysian Government is bound by the principle of non-refoulement, a part of customary international law that applies to all states. Non-refoulement applies to both asylum seekers and recognised refugees, and pertains to deportation to third countries where the asylum seeker or refugee will not be protected.
i. take all measures necessary to guarantee the release, the safety, and the integrity of the 28 arrested Burmese asylum seekers as well as the other Burmese asylum nationals held in detention;
ii. ensure that there is no deportation of asylum seekers to jurisdictions where they are at risk of torture and ill-treatment.
iii. ensure that people seeking asylum have full access to representatives of the office of the UNHCR;
iv. stop targeting Burmese asylum seekers;
v. ensure that all detainess are treated humanely and in accordance with international human rights standards;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.
Brief description of the situation
The International Secretariat of OMCT has been informed by SUARAM and the Asian Human Rights Commission (AHRC), both member of the OMCT network, of the arbitrary arrest and detention of 28 Burmese asylum seekers in Malaysia.
According to the information received, Malaysian police arrested 28 Burmese asylum seekers (22 men and 6 women) outside the compound of the United Nations High Commissioner for Refugees (UNHCR) in Kuala Lumpur at about 3 am on April 14th, 2004. The arrests took place as the asylum seekers were queuing up to register with the UN refugee agency. Only Burmese asylum seekers were arrested by the police, although Indonesian and Bangladeshi asylum seekers were also waiting in line in front of the UNHCR office.
The following people were reportedly arrested: Adam Khin, Anandda Dandee, Anuar Shaker, Asoh Ulong, Ayout, Banya, Brang Shang, Bumbo, Gilbert, Harun Numu Ahmad, Housin Ali, Kong Htut Aung, Mg Myo Myo, Mohamad Khan, Mohd Ayas Jamal, Muang Zaw Htet, Mustafa Ali, Na Ing, Soh Aung, Thein, Yasin Ali, Zahidamat, Ah Mai, Cherray, Khau Ng Pu, Kurzi, Matriah Marthy, and Nan Sar.
It is reported that these 28 asylum seekers are currently being detained at the Semenyih Immigration Camp in Selangor state. UNHCR is in the process of meeting the detainees and registering them in order for their claims to be processed. If any applicants are recognised as refugees by UNHCR, they would not be released until resettlement for them has been arranged. However, unsuccessful applicants are at risk of being forcibly returned to Myanmar (Burma). Previous incidents give rise to the concern that the camp authorities may also decide to "convince" the detainees to sign letters that they want to be repatriated voluntarily rather than wait for their claims to be processed by UNHCR. There are also concerns that methods to force this type of signature have reportedly included assault, threats, and denial or restriction of facilities, food and other forms of physical and psychological pressure that may amount to ill-treatment or torture.
According to the information received, the arrest of the 28 Burmese asylum seekers is the latest in a string of reported arrests targeted at Burmese asylum seekers and undocumented Burmese workers over the past week. The police crackdown appears to have been prompted partly as a response to an arson attack on the Myanmar (Burmese) Embassy on 7 April 2004 that has been attributed to 4 Burmese nationals, who were remanded by the police. Burmese asylum seekers and the locally-based Chin Refugee Centre have also reported that police raids have been stepped up in a number of locations in and around Kuala Lumpur where Burmese nationals are known to congregate.
It is reported that on 9 April 2004, police carried out an illegal immigrant sweep operation around Jalan Meru in Klang where around 200 persons were arrested, including 30 Burmese nationals. Further it is reported that on 11 April 2004, 18 male and 4 female Chin asylum seekers were arrested around the Jalan Imbi area in Kuala Lumpur. The men were send to the Lenggend detention camp in Negri Sembilan while the women were sent to the Machap Umboo camp in Melaka. Among the arrested are two refugees recognised by UNHCR: a 13-year-old girl and a 52-year-old man. It is also reported that on 13 April 2004, 30 Burmese nationals were arrested in Putrajaya. The men were said to be working at a construction site in the administrative capital.
Background information
The conditions in Semenyih Detention Camp in Selangor, where the Burmese asylum seekers are detained, are reported to be poor. Visits by the Malaysian Human Rights Commssion have revealed that the food, sanitary condition, disease, and sleeping facilities are all inadequate.
In addition to the specific incidents of targeted arrests of Burmese asylum seekers mentioned earlier, the Government of Malaysia has, according to the Asian Legal Resource Centre, repeatedly been violating international obligations by arresting asylum seekers and blocking their access to UNHCR. It is reported that in August 2003 (echoing an incident in August 2002), the police on two occasions arrested and detained 239 and 50 mainly Acehnese and Burmese refugees and asylum seekers respectively, who were in the process of seeking asylum at UNHCR. The police set up road blocks at all entry points to the UNHCR office and arrested all those without valid documentation.
Malaysian Immigration Law makes no distinction between refugees and illegal immigrants. All undocumented persons in Malaysia are labeled “illegal immigrants” and are subjected to harsh and arbitrary immigration laws. Undocumented persons risk imprisonment up to five years, whipping up to six strokes of the rotan (cane), a fine of up to RM10,000 (about US$ 600), and deportation. Further, the Malaysian Government has not established any means for asylum seekers to challenge and overturn their detention and repatriation through judicial or administrative avenues. According to the Asian Legal Resource Centre, by 5 September 2003 the Malaysian Government had repatriated 66 asylum seekers to Aceh, claiming that they had ‘volunteered’ to return, and these persons were powerless to defend their rights.
OMCT is gravely concerned by the arrests of the 28 Burmese individuals, as well as the targeted arrest and arbitrary detention of other Burmese individuals. OMCT strongly urges the Maylasian authorities not to send any of the detainess back to Burma (Myanmar) where they are at risk of ill-treatment and torture or to Thailand, where they are at risk of possible arrest and deportation to Burma. The Malaysian Government is bound by the principle of non-refoulement, a part of customary international law that applies to all states. Non-refoulement applies to both asylum seekers and recognised refugees, and pertains to deportation to third countries where the asylum seeker or refugee will not be protected.
i. take all measures necessary to guarantee the release, the safety, and the integrity of the 28 arrested Burmese asylum seekers as well as the other Burmese asylum nationals held in detention;
ii. ensure that there is no deportation of asylum seekers to jurisdictions where they are at risk of torture and ill-treatment.
iii. ensure that people seeking asylum have full access to representatives of the office of the UNHCR;
iv. stop targeting Burmese asylum seekers;
v. ensure that all detainess are treated humanely and in accordance with international human rights standards;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
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