“4 Burmese Refugees got sentence without proper trial”

reports of Habib collected from rohingyanet,

Four Burmese refugees got sentence without proper trial at Shah Alam court of Malaysia on 23 July 2008.

The victims are identified as UNHCR recognized ethnic Rohingyas. They had been worked at Restaurant with wage 1200 RM ( USD 325 ) per monthly and their working hour is 12 hours per day with no holiday, near 5 mile- Gombak Road- KL.
They were forced to worked at the restaurant unpaid for more than 4 months. Base on their wages, the disputation broke-out between them and Boss. When the boss was in way to hand over them to authority, the vulnerable refugees managed to escaped from the danger as they came to know it in advance.
Later they had to pass difficult lives in a bit safe place in Selayang-KL, they made phone call to the boss for their wages.
Despite paying wages, the boss conspired to push them into danger by handing-over to authority. Fixing a time to meet them at KFC shop near Warta-Lama market, Selayang Baru area, around 10:00 am of March 2006. The Boss followed by CID and Police forces chased them from the moment.
Unfortunately, four refugees were victimized with a fabricated case of ‘robbery’ and sent them to detention custody.
During the times of their detention, they got no legal aid or advocacy to represent them. Their families and friends had been approaching to UNHCR for necessary assistance. But in vein.

After all, they had to pass 29 months in detention because they did not plead guilty. Their relative said, “the judgement went against justice as there were no fair trial for them in the absence of lawyer”.
After long-term detention, one of them came to plead guilty with unavoidable circumstance. Hence, the Nulmahakim-18 was sentence for 4 years and the rest 3 are expected to be charge on 22 Aug 2008.

Mother of a victim, Laila-45 said, “there is no justice for being foreigner, our four boys have to stay in the prison. I need fair judgment for our children. I also need to get release of them as soon as possible”.

An aware refugee, who decline to mention his name said, “UNHCR-HQ must look into the matter and instruct urgently to UNHCR-Malaysia to render necessary representation for their release and protection within the boundary of international laws”.

He also added, “TENAGANITA would intervene for ‘workers right to get wages’, without further delay as the agency is struggling for the rights of migrant workers. The concern quarter must ensure their rights of adequate protection as well”.
According to ICCPR article (2) 1, they might be protected. But according to various sources, “many refugees get whipping in such kind of unfair trail.

Advantage on Illegal Status in Malaysia
reported by Habib at rohingyanet on 6 March 2008,

Today, Rela raid involved other enforcement authority arrest had continuously going on 4 weeks in Selayang Baru, KL area. Every night, at least 30 Myanmar refugees involving UNHCR recognized were arrested, and at least 2 or 3 were beaten in every raid. The raid also using the Crane for Rela members to take place early on the roof and then breaching the locks or door. For the advantage appendix, forfeit raids following from the rear and lifted refugees possessions by lorry.
Local source says,  “now we can order from Rela that goods and second-hand household tools with flea-price or cheap price.”
On 04 March 2008, at 17:45 pm, Rela raid started in Bukit Bintang Jalan Along. Rela members   demonstrated their activities by throwing their handle-gendarmes, kicking and beating to some who fled and escaped to nearest restaurant. The source from Bukit Bintang said that UNHCR recognized 10 Rohingyas and 18 Chins were arrested from ‘Restaurant One Plus One. They also faced physical abuses.
Again on 18 May 2007, 108 persons in Taman Willah-Selayang were arrested by Rela raid, including UNHCR recognized 18 Rohingya refugees. Firstly, they 18 Rohingyas were detained one night at Jing Jang police lock-up and transferred to Pudu Prison and then remanded 8 days. After completion of remanded 8 days, 14 of 18 were released by payment.

The rest four Rohingyas left for they can not do payment as they need 5000 RM. Police’s allegation could be “the 4 Rohingyas involved in various crimes if they can not pay the amount”. That is why the four Rohingya men had been move to Intelligence Police Kuala Lumpur (IPK) lock-up and beaten inhumanly. They  been tortured by feeding chilly for six hours.
The next day, they were transferred to Sentul Police Station lock-up and detained 8 days there. Later of that, they were lifted to Kepong Police Station and kept again 7 days.

Eventually, those four were brought to the Court and the Judge ordered to released them. But Police brought them back and forced to paid 2000 RM for each released. So, they had  paid because authority knowing that they don’t have proper documentation even though they did not commit crimes. ( this is a testimony by one of those 4, Hamid UNHCR’s file no. 05/ROH/00850, DOB:01-01-1980 )

This story may explain what they needed therefore there are needing to chance old habits and resistants in humanitarian field.  The suggestion is that frontier UNHCR must end its unsatisfactory and inconsistent embark of Rohingya  into where unsignatory country which has no legislation for refugees’ protection.

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