HUMAN rights group Lawyers for Liberty (LFL) has urged Putrajaya to hold inquests into the deaths of six children in immigration depots, calling the disclosure “shocking and disturbing”.
The group was referring to Home Minister Datuk Seri Hamzah Zainudin’s statement to Parliament on Wednesday (July 20) in which he disclosed that there have been 298 deaths – including six children – in Immigration Department’s depots nationwide since 2020.
“Incredibly, no explanation is offered by the minister for these deaths. The minister behaves as if such deaths are routine and require no explanation to the public as well as to the families of the victims or the nations from which they came,” said LFL director Zaid Malek.
“This revelation came almost a month after Hamzah’s callous comment regarding the reported deaths of nearly 150 Indonesians in detention centres in Sabah, in which he reportedly said that the deaths were unfortunate and inevitable, citing that anyone can die anywhere and at any time.”
Zaid expressed his alarm that there have not been any inquest proceedings instituted despite the hundreds of deaths in Immigration Department’s depots within a short span of time.
“What were the causes of death? Was the local magistrate informed, and if not, why? Are the authorities not interested in finding out?” he asked.
“By virtue of Sections 329 and 330 of the Criminal Procedure Code it was the duty of the police to investigate these deaths and order post-mortem examinations. Was this done?
“Deaths in custody are a serious matter and cannot simply be brushed off without a proper investigation, and especially so when they number in the hundreds.”
According to Zaid, the Government should be reminded that they have a duty to ensure the safety and wellbeing of every person in their custody irrespective of citizenship.
“It is not enough to propose shallow solutions to deaths in custody such as improving the deportation process to avoid overcrowding,” he noted.
“The cause of deaths must be ascertained and improvements, reparations or criminal proceedings must be taken against any person liable by act or omission in the death of any detainee.”
Zaid further pointed out that with the temporary freeze by Indonesia on its citizens coming to work in Malaysia, these unexplained deaths will only serve to further exacerbate the country’s relations with Indonesia and not to mention, Malaysia’s relations with the other countries whose citizens have died while in the Government’s custody.
“As such, we urge that inquests be held into the deaths of the six children immediately. Children do not simply drop dead,” he said.
“We also urge that inquests be held in all other cases where there is no clear indication as to why the death occurred or who is responsible for it, and in all cases where the deaths raise suspicion that it is caused by the authorities acts or omissions.”
In addition, the Government must also establish a thorough public inquiry investigation into the deaths in the immigration depots and take all necessary policy or legal action to avoid further unlawful or unnecessary deaths in detention centres, Zaid added.
“Immigration detainees are the responsibility of the State and must be treated lawfully, humanely and in accordance with international law and norms.” – July 22, 2022
