LAWYERS for Liberty today said the police must immediately release the 171 Bangladeshis arrested earlier this week in Johor.

Its director Zaid Malek said the 171 Bangladeshis were arrested as they marched to the police station to lodge a report against their agents who failed to provide them with contractually agreed jobs.

“It is appalling that despite acknowledgment by the police that the 171 migrants entered the country legally and were only trying to lodge a report with the police station against their agents, it was the migrants who were arrested en masse to be investigated allegedly for overstaying,” Zaid said in a statement.

He said the government’s assurance that it would investigate the agents responsible for putting the Bangladeshis in this predicament was not enough. 

Zaid said it was obvious from available facts that the migrants had been duped and were now stranded without the promised jobs. 

“If they overstayed, it is by design of unscrupulous agents for the purpose of exploitation.

“This would mean that the migrants here are victims of trafficking as per section 2 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM),” he said.

He added that being victims of trafficking, the migrants cannot be detained in immigration depots or charged for offences. 

“In fact, they should have already been brought to the magistrate within 24 hours of their arrest to be given an interim protection order and be placed instead in a designated place of refuge in accordance with section 44 of ATIPSOM.

“There have been no reports that this process has been undertaken by the authorities.

“The failure to initiate the process of obtaining a protection order for the migrants obstructs them from being recognised as trafficked persons and to be afforded immunity from criminal prosecution for overstaying as dictated by section 25 of ATIPSOM.”

He said the government needed to ensure the immediate release of the 171 Bangladeshis from detention and suspend any investigation for overstaying under the Immigration Act.

“It would be a grave injustice for the migrants who entered the country legally to seek legitimate employment to simply be deported back to their country of origin due to the actions of deceitful agents and the failure of the government to ensure they received fairness and justice,” he said. – December 27, 2023.