Indonesian envoy: Halt repatriation of unlawfully whipped migrant
Indonesian Ambassador to Malaysia Hermono has appealed to the Foreign Ministry to ensure that Sabri Umar, a migrant worker who was unlawfully whipped, remains in Malaysia so he can pursue his labour case against his former employer and seek compensation for the injustices he suffered.
Speaking to Malaysiakini, Hermono (above) said he has sent a diplomatic note to the ministry today with an appeal to ensure that Sabri was not returned to his country after the final extension to his immigration special pass expires on Aug 24.
“I have requested the ministry for a temporary solution addressing Sabri’s immigration status, which would allow him to remain in Malaysia to make his claim for justice.
“He may have run out of special passes, so I have asked if an exception could be made for a man seeking justice while he remained under the protection of the consulate in Tawau.
“We view what happened to Sabri as a miscarriage of justice and he deserves to be compensated for the pain and suffering he has endured,” the ambassador added.
‘Whipping doubly wrong’
Hermono said Sabri’s unlawful imprisonment happened very quickly.
“Sabri is a victim of unlawful imprisonment because he was jailed while having a valid immigration special pass on him.
“The whipping of Sabri was doubly wrong because he was innocent of his charges and there was a pending appeal to his conviction and sentence at the time it was administered.
“He was sentenced to 11 months in jail and has a right to appeal the sentencing at any point but the corporal punishment was administered just two months into his jail term,” reasoned Hermono.
Meanwhile, the second round of mediation between Sabri and his former employer with respect to Sabri’s claim for reinstatement with Fu Yee Corporation filed under Section 20 of the Industrial Relations Act will take place today.
Sabri had been working in Fu Yee, a plywood factory in Kalabakan, Tawau, for the past seven years.
Migrant worker Sabri Umar
During the first round of meditations by the Industrial Relations Department (IRD), Fu Yee had declined to reinstate Sabri, who was claiming under the above law that he was wrongfully terminated on April 4.
Hermono explained that if Sabri and his former employer cannot come to an agreement during today’s mediation, the case may be referred to the Industrial Court for a judgement.
With the assistance of the Sabah Timber Industry Employees Union (STIEU), Sabri filed his case with the IRD on April 8, four days after his termination.
So far only one round of mediation has taken place at the IRD.
Sacked in April, jailed and whipped, acquitted in July
According to the chronology of events related to Sabri, his employer had cancelled his newly renewed work permit on April 5, the day after his employment was terminated and a 30-day special pass was issued for him to make arrangements to leave the country.
Sabri was arrested the same day (April 5) under Section 14(a) of the Sexual Offences Against Children Act but was eventually charged under Section 6(1) (c) of the Immigration Act.
Despite bearing a valid immigration special pass and just 14 days after he was sacked, Sabri was sentenced by the Tawau Session Court to 11 months in jail and five strokes of the cane for illegal entry into Malaysia.
Two months into his jail term and despite having filed a notice of appeal, Sabri was administered five strokes of the cane.
A month after his lashing, the 31-year-old from South Sulawesi was acquitted of his conviction and sentence but noted that he had already been caned.
Following his acquittal, Sabri told Malaysiakini that he would seek justice even though he was terrified of being re-arrested due to the sexual offence allegation and that he may find himself behind bars as swiftly as before.
Ex-employer blacklisted
Meanwhile, the Indonesian Consul at the Tawau Consulate-General’s office, Heni Hamidah, told Malaysiakini that Fu Yee had been blacklisted from employing Indonesian migrant workers.
It was learnt that the Immigration Department had declined to extend Sabri’s 14-day special pass to 30 days.
However, the department offered a solution to allow Sabri re-entry into Malaysia following his repatriation, and a fresh immigration pass would be issued.
Last week, Parliamentary Special Select Committee on Fundamental Liberty and Constitutional Rights member Charles Santiago asked if indeed Sabri was an undocumented worker, then why was there no action against his employer, as the company would be liable under Section 55B of the same Act that Sabri was charged under.
During the first round of meditations by the Industrial Relations Department (IRD), Fu Yee had declined to reinstate Sabri, who was claiming under the above law that he was wrongfully terminated on April 4.
Hermono explained that if Sabri and his former employer cannot come to an agreement during today’s mediation, the case may be referred to the Industrial Court for a judgement.
With the assistance of the Sabah Timber Industry Employees Union (STIEU), Sabri filed his case with the IRD on April 8, four days after his termination.
So far only one round of mediation has taken place at the IRD.
Sacked in April, jailed and whipped, acquitted in July
According to the chronology of events related to Sabri, his employer had cancelled his newly renewed work permit on April 5, the day after his employment was terminated and a 30-day special pass was issued for him to make arrangements to leave the country.
Sabri was arrested the same day (April 5) under Section 14(a) of the Sexual Offences Against Children Act but was eventually charged under Section 6(1) (c) of the Immigration Act.
Despite bearing a valid immigration special pass and just 14 days after he was sacked, Sabri was sentenced by the Tawau Session Court to 11 months in jail and five strokes of the cane for illegal entry into Malaysia.
Two months into his jail term and despite having filed a notice of appeal, Sabri was administered five strokes of the cane.
A month after his lashing, the 31-year-old from South Sulawesi was acquitted of his conviction and sentence but noted that he had already been caned.
Following his acquittal, Sabri told Malaysiakini that he would seek justice even though he was terrified of being re-arrested due to the sexual offence allegation and that he may find himself behind bars as swiftly as before.
Ex-employer blacklisted
Meanwhile, the Indonesian Consul at the Tawau Consulate-General’s office, Heni Hamidah, told Malaysiakini that Fu Yee had been blacklisted from employing Indonesian migrant workers.
It was learnt that the Immigration Department had declined to extend Sabri’s 14-day special pass to 30 days.
However, the department offered a solution to allow Sabri re-entry into Malaysia following his repatriation, and a fresh immigration pass would be issued.
Last week, Parliamentary Special Select Committee on Fundamental Liberty and Constitutional Rights member Charles Santiago asked if indeed Sabri was an undocumented worker, then why was there no action against his employer, as the company would be liable under Section 55B of the same Act that Sabri was charged under.
I find it strange that there seemed to be undue haste to send Sabri to prison and to cane him.
ReplyDeleteI hope Indonesia would continue to support Sabri to achieve justice.
Yup, I'm sure there are officers in the Government who would intend to "bury" this embarrassing case by taking the person out from Malaysia.
ReplyDeleteOut of sight, no more case.