FORWARDED APPEAL (Malaysia): Stop the refoulement of a UN-recognised refugee to Afghanistan 

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to forward an appeal from Suara Rakyat Malysia (SUARAM) concerning the impending deportation and refoulement of an Afghan refugee who has been recognised by the United Nations High Commissioner for Refugees. He has been accused of a crime but remains uncharged.

For more information, please contact:

SUARAM: 433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia.
Tel: +6 03 7784 3525, fax: +6 03 7784 3526, e-mail: suaram@suaram.net, web: www.suaram.net

Thank you.
Urgent Appeals Desk The Asian Human Rights Commission (AHRC)
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MALAYSIA: Stop refoulement of the Afghan refugee!

Urgent Appeal: 7 May 2010

Suaram has been informed that a 22 year old Afghan refugee recognised by the United Nations High Commission for Refugees (UNHCR) will be deported by the Immigration Department. His name will not be revealed to protect his identity. He is currently detained at an Immigration Department lock-up at Putrajaya.

On 25 March 2010, the refugee was arrested with another Pakistani, allegedly for human smuggling. Although there are no charges under the Anti-Trafficking in Persons Act pressed against him, the Immigration Department has decided to deport him as provided for under Section 33 of the Immigration Act 1959/1963.

Even though Malaysian laws do not recognise the status of refugees, the Malaysian Government is obliged to respect the international customary law of non-refoulement which prohibits the return of people to places where they may face persecution or threats to their life or freedoms. Protection from refoulement is the basic right of asylum seekers and refugee.

Suaram demands that the Government stops the deportation of the Afghan refugee immediately and to provide him immediate access to UNHCR. We call upon the Government to release him upon verification by UNHCR if there are no charges pressed against him.

If the Malaysian Government intends to be elected as a member of the United Nations Human Rights Council, the Government must commit to upholding and protecting human rights, including the rights of refugees.

Released by,
Temme Lee
Refugee Coordinator
Suara Rakyat Malaysia (SUARAM)

Urgent action needed:

Please write protest letters to the government and the police to express your strongest condemnation of the mistreatment of refugees. Please also demand the Malysian government to stop the repatriation of the Afghan refugee.

Please call and send your protest letters to:

Dato’ Abdul Rahman bin Othman
Director-General of Immigration Department,
Director-General’s Office,
Immigration Department of Malaysia Headquarters,
Level 7 (Podium),
No 15, Persiaran Perdana, Presint 2,
62550 Putrajaya,
Malaysia
Tel: +603-88801005
Fax: +603-88801201
E-Mail: kpi@imi.gov.my

Y.B. Dato’ Seri Hishammuddin Tun Hussein
Home Minister
Ministry of Home Affairs
Blok D1 & D2, Kompleks D
Pusat Pentadbiran
Kerajaan Persekutuan
62546 Putrajaya
Tel : +603-8886 8000
Fax : +603-88884913
Email: hishammuddin@moha.gov.my / menteri@moha.gov.my

Dato’ Sri Mohd Najib bin Tun Abdul Razak
Prime Minister of Malaysia,
Prime Minister’s Office,
Main Block, Perdana Putra Building ,
Federal Government Administrative Centre,
62502 Putrajaya , MALAYSIA
Tel : +603-8888 8000
Fax : +603-8888 3444
E-Mail: ppm@pmo.gov.my

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

[Letterhead of your organisation]

Dato’ Abdul Rahman bin Othman
Director-General of Immigration Department,
Director-General’s Office,
Immigration Department of Malaysia Headquarters,
Level 7 (Podium),
No 15, Persiaran Perdana, Presint 2,
62550 Putrajaya,
Malaysia
Tel: +603-88801005
Fax: +603-88801201
E-Mail: kpi@imi.gov.my

Dear Sir,

RE: Stop refoulement of the Afghan refugee

We are writing to you to express our outrage and our strongest condemnation over your government’s treatment of refugees in Malaysia.

We demand that the 22 year old Afghan refugee recognised by the United Nations High Commissioner for Refugees (UNHCR) currently detained at an Immigration Department lock-up at Putrajaya is released immediately into the custody of UNHCR. He was arrested on 25 March 2010, allegedly for human smuggling. However, instead of pressing charges, the Government intends to deport him. We demand that the Malaysian Government halts any plan to deport this asylum seeker.

We remind the Malaysian Government of its obligation to uphold the international customary law of non-refoulement, which prohibits the return of people to places where they may face persecution or threats to their life or freedoms.

We strongly urge you, once again, to stop bringing shame to Malaysia and to ratify 1951 Convention Relating to the Status of Refugees and the 1967 Protocol. The Malaysian Government must take serious measures in promoting and protecting human rights if it intends to run for elections into the United Nations Human Rights Council.

Yours sincerely,

[Name]

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Thank you.
Urgent Appeals Programme Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Forwarded Urgent Appeal
Document ID : AHRC-FUA-007-2010
Countries :
Issues : Arbitrary arrest & detention,