Thursday, June 22, 2023

Groups call for RCI on wrongfully jailed, whipped Indonesian worker


FMT:

Groups call for RCI on wrongfully jailed, whipped Indonesian worker


The various rights NGOs and union bodies urge Prime Minister Anwar Ibrahim to offer Sabri Umar an apology on behalf of Malaysia.



Indonesian worker Sabri Umar after he was acquitted by the Tawau High Court last July. (Malaysians Against Death Penalty and Torture pic)


PETALING JAYA: Over two dozen rights NGOs and union bodies have called for the government to set up a royal commission of inquiry (RCI) to probe a case involving an Indonesian worker who was wrongfully imprisoned and whipped for allegedly not having a valid work pass.

“We call on Malaysia to set up a 
RCI and look into the case of Sabri Umar and other rights violations that may have befallen many other migrant workers,” the 27 groups said in a joint statement.

They said the current position of Malaysia seems to be the speedy repatriation of migrant workers despite them having outstanding claims against their immediate or past employers.

“This policy must change, and there must be no repatriation of migrant workers or foreign nationals until the human resources ministry determines that there are no outstanding or pending employment related claims against their employers,” the groups said.

The groups added that the home ministry must also determine that there are no outstanding claims against others, or that the migrant worker is not needed as a witness in any other cases.

The groups urged Prime Minister Anwar Ibrahim to offer an apology to Sabri on behalf of Malaysia, adding that “offering some compensation would also be just”.

The signatories to the statement include Aliran, Malaysians Against Death Penalty and Torture (Madpet), North South Initiative (NSI), Sabah Timber Industry Employees Union to Union (Stieu), Saya Anak Bangsa Malaysia (SABM) and the Teoh Beng Hock Trust for Democracy.

In April 2022, Sabri was arrested and then sentenced to 11 months in prison and five strokes of the rotan by a sessions court under Section 6(1)(c) of the Immigration Act.

While waiting for his appeal to be heard, he was whipped in the Tawau prison on June 23.

The Tawau High Court acquitted him in July after his lawyer managed to prove that Sabri had a valid Indonesian passport and a work pass from his employer, Fu Yee Corp.

Upon release, Sabri needed a special pass to remain in Malaysia for one month to pursue justice, but was only given a two-week pass by the immigration department. This happened twice, and appeals were made to the home ministry but Sabri has yet to receive a decision on his appeals.

In August 2022, Sabri commenced a legal suit at the Tawau High Court against the home minister, the Sabah chief minister, the immigration department, and others, seeking a court order asking the minister to state his decision on Sabri’s two appeals against the immigration department’s decisions.

Sabri also filed a claim for reinstatement at the Industrial Court in May, but the case has yet to be heard.

The Tawau High Court dismissed Sabri’s application for a court order that would allow him to stay in the country legally until “his quest for justice is over”. Sabri then appealed to the Court of Appeal.


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