PM is urged to intervene in the wrongful conviction of Indonesian worker

23 Jun 2023 08:12pm

According to the statement, on June 23, 2022, Sabri Umar was wrongfully charged and convicted for residing in Malaysia illegally whipped five times at Tawau Prison and having been lawfully employed in the country for about seven years. Filepic

SHAH ALAM - Prime Minister Datuk Seri Anwar Ibrahim is urged to ensure justice is served for Indonesian migrant worker Sabri Umar, who was wrongfully prosecuted and punished in Malaysia.

Twenty-eight civil society groups have jointly issued a statement today, demanding justice for the migrant worker who suffered the ordeal exactly one year ago.

In the statement issued today, Sabri was wrongfully and illegally whipped five times, was wrongly charged, convicted, and sentenced to 11 months in prison and five strokes of whipping for being illegal on April 19, 2022, by the Sessions Court, and was wrongfully and illegally whipped five times at Tawau Prison on June 23, 2022.

This was even though he had been lawfully employed in the country for about seven years.

"In fact, Sabri's valid passport and work permit, which proved his legal status, were presented to the authorities at the time of his arrest, but the charges were still pursued.

"He was wrongfully prosecuted and given a sentence of 11 months in prison and five strokes of the whip on April 19, 2022, by the Sessions Court, and the groups claimed it was a gross miscarriage of justice," the statement read.

The coalition also criticises the Deputy Public Prosecutor for proceeding with the charges despite possessing Sabri's valid documents.

Also, the Immigration Department's negligence in claiming that there were no records of Sabri's existence caused his conviction.

"It is disappointing that the employer, one Fu Yee Corporation, who ought to be aware that Sabri was indeed a legal migrant worker in Malaysia, failed to inform the courts and other authorities that Sabri was wrongfully convicted and sentenced for being illegally in Malaysia.

"An employer’s obligation to a migrant worker is until the worker is safely back in his country of origin," it said.

Meanwhile, the Sabah Timber Industry Employees Union (STIEU) intervened in the case, leading to his acquittal by the High Court; however, the statement mentioned that Sabri has faced ongoing difficulties since his release, including short-term special passes and an unsuccessful High Court application to remain in Malaysia legally until his quest for justice is complete.

The groups also criticised the National Human Rights Commission (SUHAKAM), the Parliament, and the Home Minister for their alleged inaction in Sabri's case, calling out to Anwar to intervene.

To address the situation and prevent similar violations in the future, the coalition demands the establishment of a Royal Commission of Inquiry to investigate Sabri's case and others like it.

"There should also be a review of the current policy of repatriating migrant workers with outstanding claims or cases," it added.

The organisations emphasised Malaysia's position as a member of the United Nations Human Rights Council and pushed for action against those involved.

The 28 civil societies are as follows;

ALIRAN

MADPET (Malaysians Against Death Penalty and Torture)

Building and Wood Workers International (BWI) Asia Pacific

WH4C (Workers Hub For Change)

Banglar Manabadhikar Suraksha Mancha(MASUM), India

Black Women for Wages for Housework

Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

Global Women’s Strike

Haiti Action Committee

International Women's Rights Action Watch Asia Pacific (IWRAW AP)

Japan Innocence and Death Penalty Information Center

Labour Law Reform Coalition, Malaysia

Legal Action for Women, UK

Migrant Care, Indonesia

Network of Action For Migrants in Malaysia(NAMM)

North South Initiative, Malaysia

Payday Men’s Network (UK-US)

Persatuan Komuniti Prihatin Selangor & Kuala Lumpur

Persatuan Sahabat Wanita Selangor(PSWS), Malaysia

Programme Against Custodial Torture & Impunity (PACTI), India

Sabah Plantation Industry Employees Union (SPIEU)

Sabah Timber Industry Employees Union to Union (STIEU)

Safety and Rights Society (SRS), Bangladesh

Saya Anak Bangsa Malaysia (SABM)

Tenaganita, Malaysia

Teoh Beng Hock Trust for Democracy

Union of Forestry Employees Sarawak (UFES)

Women of Color-Global Women’s Strike, US/UK