(24 June 2009, Bangkok) The Asian Forum for Human Rights and Development (FORUM-ASIA) denounces the continued detention of 14 Burmese refugees and asylum seekers in Malaysia for celebrating Aung San Suu Kyi’s birthday on 19 June 2009.
The team of 30 police officers arrested 16 Burmese who were peacefully celebrating the event, among them, nine are registered with the United Nations of High Commission for Refugee (UNHCR). Two, both registered with UNHCR, were released later, but the rest remain detained until today.
“These Burmese detainees may face a sentence of up to six strokes of whipping, a punishment tantamount to torture on top of a fine of 10,000 Ringgit (about 2,630 USD) and a prison sentence of up to five years if they are convicted for entering the country illegally”, said Yuyun Wahyuningrum, East Asia program manager of FORUM-ASIA.
The organisation has also expressed concern over the denial of access to legal counsel to the detainees. “Malaysian government should grant the lawyers immediate access to the detainees. No country can claim to be upholding the rule of law when basic rights such as the right to legal counsel is denied to detainees”, said Yuyun.
FORUM-ASIA urges the Malaysian government to release the 14 Burmese detainees, who have been handed over to the Immigration Department on 22 June 2009. The ground for their detention has since based to their undocumented status in the country. They would not have been arrested, FORUM-ASIA said, if they were not involved in the public assembly.
According to the annual World Refugee Survey 2009 report, Malaysia is one of the worst places for refugees together with South Africa, Egypt, Gaza, Kenya, Turkey and Thailand. “We call on the Malaysian government to abolish the whipping punishment in all its immigration laws as this is an inhumane punishment. Malaysia should also ratify the Convention Relating to the Status of Refugee 1951 and its Optional Protocol”, stressed Yuyun.
“As a member of the United Nations Human Rights Council, Malaysia should respect the right to seek political asylum and their right to freedom of expression and assembly. We call on the Malaysian government to allow UNHCR to conduct refugee status registration of the five detainees who are yet to be registered”.
FORUM-ASIA is a regional human rights organisation with 42 members across Asia with Consultative Status from the United Nation Economic and Social Council (ECOSOC) since 2004.
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