LAWYERS for Liberty (LFL) has taken a pot shot at the government for the seizure of a cancer patient’s identity card, describing the act as “undoubtedly unlawful and unconstitutional”.
Their response comes after Home Minister Datuk Seri Saifuddin Nasution Ismail defended the National Registration Department’s (JPN) action, stating that the 65-year-old Sarawak woman was identified to be an Indonesian citizen.
In a statement, LFL director Zaid Malek mentioned that the JPN has no lawful authority to promptly seize a person’s MyKad, calling it an abuse of power that violates the Federal Constitution.
Specifically, he said that the action violates Articles 26B and 27 of the Constitution.
Article 26B states that no person can be stripped of his citizenship if it results in statelessness, while the latter provision states that the government must provide a written notice informing him of the reason for his citizenship being revoked, as well as his right to have the case referred to a committee of inquiry.
If referred, the committee shall conduct an investigation and submit a report, which the government must consider before deciding to deprive a person of his citizenship.
“The fact that the home minister made no reference to such a process having been conducted means that the government is defending a blatantly unconstitutional act by the department,” he remarked.
“The JPN itself has confirmed that the investigation is still ongoing, which logically means that the process under constitution has not even begun.”
In the latest Sarawakian woman case, Zaid indicated that she should have been entitled to maintain her citizenship until and unless an order for its deprivation is made in accordance with the constitution.
He went on to say that it is particularly disturbing that her identity card was taken because it had refused the cancer patient the right to receive treatment at a government hospital, which could ultimately lead to her death.
“The minister has a duty to ensure that the JPN abides by the law, yet has opted to give out a callous remark, justifying an indefensible action to a woman who is literally dying and now made to suffer even more due to the actions of the JPN.
“It is nothing short of cruel and heartless. We strongly urge the government to return the woman’s NRIC to her,” he said, arguing that the government should investigate the JPN officers who were responsible for seizing the woman’s identity card.
Lina Samuel, a Sarawakian woman suffering from colon cancer and other illnesses, had her identity card seized by the Lawas district JPN in November last year after she tried changing her address in order to vote in the 15th general election (GE15).
As a matter of fact, she claims that many of her doctor’s appointments and hospital visits were cancelled.
She also missed several cancer treatment sessions, and had expressed concern that her condition will deteriorate. – April 12, 2023
Main pic credit: Bernama
