Detention and risk to personal intergrity of 31 Burmese refugees

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Malaysia.

Brief description of the situation

The International Secretariat of OMCT has been informed by SUARAM, a member of the SOS-Torture Network, of the detention and risk to personal integrity of 31 asylum seekers and refugees from Burma.

According to the information received, 33 Burmese refugees and asylum seekers were arrested, reportedly on the basis of either illegal entry or lack of proper documents, on 4 April 2007 at around 11am in a RELA (People’s Volunteer Corps) raid in Pudu market, downtown of Kuala Lumpur.

At the time of issuing the urgent appeal, only 18 individuals were identified, among which five are reportedly recognised refugees by the United Nations High Commissioner for Refugees (UNHCR) and others are undergoing the UNHCR verifying process:

• Dawt Zing, UNHCR Card (04/MLS/11244))
• Mang Hlei Sung, UNHCR Card (345-05C00992)
• Hgoi Mai (Kachin/Female), UNHCR Card (354-07C00814)
• Bawi Sung (Female), UNHCR Card (354-03C00576)
• Hniang Zitial (Female), UNHCR Card (354-06C02539)
• Nani, 05/MLS08239
• Lal Khar, 05/MLS03057
• Ngun Tha Sui, same as above
• Kip Vung Thang
• Tawk Kung
• Sui Mang
• Duh Za Tim
• Biak Hu Lian
• Tuan Cung
• Tan Zaw Jonathan
• Mang Chum
• Dawt Si
• Sang Awi

While two nursing mothers, namely Mrs. Bawi Sung, who has a 3-month-old baby, and Mrs. Hniang Zitial, who has a 1-month-old baby, were released on 4 April 2007 after UNHCR intervention, the remaining 31 are being detained at Lenggeng Camp, a detention camp for illegal immigrants in Negeri Sembilan, South of Kuala Lumpur which is reportedly notorious for overcrowding problems and harsh detention conditions.

The 31 individuals might face jail sentence and whipping in Malaysia under its immigration law. They are also reportedly in danger of being deported to Burma where they might face grave risks to their personal integrity.

The International Secretariat of OMCT is therefore gravely concerned for the physical and psychological integrity of the 31 detained Burmese individuals. OMCT calls on the Malaysian Government to guarantee their integrity at all times, including: ensuring that they are not subjected to whipping and are not deported to Burma, where they might face grave risks to their personal integrity. Moreover, as an elected member of the United Nations Human Rights Council, Malaysia should guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Action requested

Please write to the authorities in Malaysia urging them to:

1. Take all necessary measures to guarantee the physical and psychological integrity of the 31 Burmese individuals who were arrested and detained during the raid in Pudu Market, Kuala Lumpur on 4 April 2007;
2. Guarantee that their asylum applications are dealt with in a prompt and impartial manner and that they receive adequate access to the UNHCR;
3. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Dato’ Seri Abdullah bin Haji Ahmad Badawi, Prime Minister and Minister of Internal Security Prime Minister’s Office Malaysia, Perdana Putra Building, Federal Government Administrative Centre, 62502 PUTRAJAYA, Selangor, Malaysia., Tel: + 60 3 8888 6000, Fax: + 60 3 8888 3444
• Datuk Radzi Sheikh Ahmad, Minister of Home Affairs, Level 12, Block D1, Parcel D, Federal Government Administrative Centre, 62546 PUTRAJAYA, Tel: +60 3 8886 8000, Fax: +60 3 8889 1613
• Tuan HJ. Wahid Bin MD Don, Director-General of Immigration Department, Dato’ Ishak Mohamed, Enforcement Director of Immigration Department, Director General Office, Immigration Department of Malaysia, Level 1-7 (Podium) Block 2G-4, Precint 2, Federal Government Administration Centre, 62550 Putrajaya, Tel: +60 3 8880 1000, Fax: +60 3 8880 1200
• Encik Zaidon Bin Haji Asmuni, RELA Director General, RELA Malaysia Headquarters, Level 6, Block D2, Parcel D, Federal Government Administrative Centre, 62546 Putrajaya. Tel: +60 3 88863354/ 88863097/ 88886298/ 88886308, Fax: +60 3 88886314/ 88886317/ 88886316/ 88886309
• Ambassadeur King Bee Hsu, ICC-1er/ H, Pré-Bois 20, P.O. 1834, CH-1215, Geneva 15, Switzerland, Email : mwgeneva@ties.itu.int, Fax: +4122 710 75 01

Please also write to the embassies of Malaysia in your respective country.

Geneva, 11 April 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.