HOME Minister Saifuddin Nasution Ismail must probe into claims of detainee abuse in holding centres instead of repeating his predecessor’s mistake of dismissing the allegations, a lawyers’ group said today.

Lawyers for Liberty (LFL) director Zaid Malek said instead of ordering an inquiry, Saifuddin put the blame on the detainees by alleging that their unhealthy physical state was something that had occurred before they were detained.

“The dismissal of the allegations made on video by a detainee was unacceptable and contrary to good governance.

“This is one of the most specious and ridiculous responses ever advanced by a home minister in the face of custodial abuse,” Zaid said in a statement today.

Recently, a 90-second video surfaced showing a person urging the authorities to release them, saying that the detainees were not given enough food and water.

In response to the video, Saifuddin said that the detainees at the Kimanis immigration detention centre looking frail and malnourished may have already been in such a condition before they were detained.

He said that it was unfair to “overplay” the issue before the full facts behind the video were revealed.

Sabah Immigration director Sharifah Sitti Saleha Habib Yusoff also said that detainees at the immigration centre were not being mistreated.

“The migrant in the video complains of lack of food and water and medical attention. He looks emaciated and sickly and weak but Saifuddin simply ignores all of this,” said Zaid.

“The only evidence he uses to support his dismissive response is a supposed briefing from the Immigration Department denying it, an interested party which obviously would want to immediately dismiss claims of abuse or ill-treatment.”

Zaid said that LFL is dismayed that the government now led by Pakatan Harapan (PH), who have long heralded themselves as “reformists”, are now following in the footsteps of their abusive predecessors.

He said allegations of abuse at detention centres is a serious matter that warrants an immediate and thorough inquiry or investigation by the government.

“International law dictates all persons deprived in detention shall be treated with humanity and with respect for the inherent dignity of the human person, as stated in the United Nations Standard Minimum Rules for the Treatment of Prisoners (“the Nelson Mandela Rules”) and article 10 of the International Covenant on Civil and Political Rights.

“Malaysia acknowledges the same principle under article 5 of the Federal Constitution, which safeguards the life and liberty of any person in Malaysia, a right that extends to migrants who are being detained in immigration depots,” he said.

Zaid said treatment of migrants is an important matter that must be looked at seriously by the government as it could affect bilateral relations with other countries, which will have adverse effects to our economy, with several industries heavily reliant on migrant workers.  

He added that Saifuddin must not just accept “briefings” from the Immigration Department at face value.

“Allegations of ill-treatment of detainees in immigration depots have been highlighted time and time again, only for it to be ignored or dismissed summarily without an investigation being carried out, or worse, met with criminal charges against the whistle-blowers themselves,” Zaid said, referring to actions taken on Heidy Quah, a Malaysian human rights activist and Rayhan Kabir, a Bangladeshi national; both of whom had voiced out against the treatment of migrants.

Zaid said detainees, who are entirely at the mercy of the state, are vulnerable and allegations of abuse must be investigated, not dismissed as false or sensationalised.

He demanded that the following four steps be taken:

a) There must be an immediate and independent inquiry conducted into the allegations of ill-treatment of detainees in the Kimanis detention centre.

b) The results of the inquiry must be presented to parliament and the public.

c) Informants and whistle-blowers must be protected from harassment from enforcement authorities and must not be criminally investigated or charged for coming forward with such information.

d) The home minister must publicly undertake that the detainee in the video will not be penalised or punished in any manner for speaking out. – December 12, 2022.