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Lawyer slams Malaysian Immigration Department’s excessive bureaucracy, Chinese student endures month-long detention

A lawyer has denounced the excessive bureaucratic hurdles within the Malaysian immigration department, resulting in the unjust month-long detention of Huang Yi, a Chinese student pursuing a master’s degree in Malaysia.

Despite paying RM 6,000 (approximately 1,283 USD) for a special visa, Huang was apprehended at KLIA airport due to counterfeit passport stamps. This distressing experience drove him to embark on a hunger strike as a form of protest.

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1 year ago

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MALAYSIA— A Chinese national student who went to Malaysia to pursue a master’s degree was unexpectedly detained by the Malaysian Immigration Department for nearly a month.

This ordeal pushed him to the brink of collapse and led him to go on a hunger strike in protest.

Fortunately, in the recent update on Monday (3 July), his lawyer confirmed that the student has been granted permission to return to China.

According to a report by Sin Chew Daily, Huang Yi, a 36-year-old from Beijing, arrived at Universiti Malaysia Kelantan in March this year to pursue a Master’s degree in Business once the COVID-19 situation had stabilized.

Due to his condition of having type B hepatitis, a liver infection, he required a special visa to continue studying in the country.

Huang paid RM 6,000 to an “agent” to obtain a special visa

Huang Yi paid RM 6,000 (approximately 1,283 USD) to an “agent” to obtain the special visa, but little did he know that it would mark the beginning of his nightmare.

His lawyer, Lee Sok Wah, informed Sin Chew Daily that he was scheduled to return to China on 3 June together with another female Chinese student.

However, upon arrival at Kuala Lumpur International Airport (KLIA), he was arrested for having fake stamps on his passport and was subsequently detained at the immigration detention center on the following day (4th).

According to info shared on Ms Lee’s Facebook, Huang was charged with possessing a passport bearing forged stamps.

She said that by right, the student was met with fraud and cheated in Malaysia and should receive help from the Malaysian government to locate the fraudster so as to prove his own innocence.

“However, despite receiving evidence from his university of his lawful entry to Malaysia, and proof that he is a diligent student with perfect attendance in classes, the investigating officer of the immigration office still opted to detain the student at the detention centre near KLIA. ”

Having been held at the Airport Immigration Depot for nearly two weeks, Huang despised the crowded environment and chose to plead guilty in order to return to his home country as quickly as possible.

As a result of the lawyer’s appeal to the judge, he was fined RM750 (approximately 160 USD).

Ms. Lee mentioned that the cases of the two individuals were resolved through guilty pleas on 13 June.

The fine for overstaying is RM30 per day, and there is no doubt about the payment of the owed fine. The female student was permitted to return to China on 27 June after paying the fine.

The lawyer criticised excessive bureaucracy within the immigration department

Unfortunately, Ms. Lee expressed that Huang has encountered excessive bureaucracy within the immigration department, which has kept him confined for nearly a month since his initial detention.

Ms. Lee pointed out that once the judicial process is complete, the Semenyih detention center requires official documents approved by the Attorney General’s Chambers in order to release Huang Yi.

However, the documents did not deliver to the detention center until 3 July.

She mentioned that Huang Yi was transferred to the detention center on 16 June, and all the individuals detained with him were either criminals or individuals with illnesses. Frequent fights have caused him immense mental distress, pushing him to the brink of collapse.

Huang go on a hunger strike to protest his prolonged detention

Ms Lee revealed that last Monday (26 June) when he visited Huang, he had been on a hunger strike for a day. She could only advise him not to continue the hunger strike.

“He cried and told me that he ‘would rather be dead.’ One of his roommates was sent to the hospital a few days ago due to tuberculosis, and Huang Yi himself also has type B hepatitis. ”

“His family in China is not only concerned about his mental well-being but also about how long his body can endure,” added Ms. Lee.

Huang’s wife anxiously awaits his return and, upon hearing about his hunger strike, hastily sent a voice message seeking help from Ms. Lee, desperately hoping to rescue her husband as soon as possible.

In the voice message, she tearfully expressed her husband’s lack of support in Malaysia and her fear for his safety.

She even said, “If they want money, give them money, give them whatever they want. I just want our loved one to come back quickly!”

Ms. Lee has written letters to the Malaysian Prime Minister, several other ministers, and the Director-General of the Immigration Department, urging them to pay attention to the case and expedite Huang Yi’s release.

The student finally allowed to return to China on 3 July

Fortunately, in a recent update, the lawyer shared the good news that Huang has finally been allowed to return to his home country.

Ms. Lee shared that on Monday (3 July) morning, the Semenyih Detention Center informed her that Huang was allowed to purchase a flight ticket to return to China.

Ms. Lee immediately bought a flight for tonight with Malaysia Airlines, which offers a direct flight from Kuala Lumpur to Beijing. However, the detention center informed her that Malaysia Airlines requires a three-day notice to accept passengers for repatriation.

To ensure Huang reunites with his family as soon as possible, the lawyer then purchased tickets from another airline, Malindo, which does not have this restriction. However, this airline only flies to Guangzhou.

“Well, Guangzhou is Guangzhou then. As long as Huang can leave Malaysia immediately, everything is okay,” remarked the lawyer.

 

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Civil Society

Thailand withdraws reservation on refugee children’s rights, welcomed by UN Human Rights Office

Thailand’s withdrawal of its reservation on Article 22 of the CRC is hailed by the UN, marking a key step in enhancing protections for refugee and asylum-seeking children.

Published

7 days ago

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6 September 2024

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The UN Human Rights Office for South-East Asia (OHCHR) has praised Thailand for its decision to withdraw its reservation on Article 22 of the Convention on the Rights of the Child (CRC), a move expected to improve the protection of refugee and asylum-seeking children in the country.

Cynthia Veliko, the OHCHR Representative for South-East Asia, hailed the decision, calling it “a significant, positive step” toward aligning Thailand’s laws with international standards. “This move helps protect the rights of all children on the move, no matter their nationality or origin,” Veliko said.

The Thai Cabinet’s decision to withdraw the reservation took effect on 30 August 2024. Article 22 of the CRC ensures that refugee and asylum-seeking children receive protection, humanitarian assistance, and equal access to services provided to national children, in line with international human rights laws to which Thailand is a party.

This withdrawal is also expected to strengthen the implementation of Thailand’s National Screening Mechanism (NSM), introduced on 22 September 2023.

The NSM grants the status of “protected person” to individuals who cannot return to their home countries due to the fear of persecution. However, despite these legal advancements, children without legal status in Thailand remain at risk of being detained in immigration facilities.

The UN has raised concerns over the continued detention of children despite the Thai government’s 2019 Memorandum of Understanding on Alternatives to the Detention of Children (MOU-ATD). The UN Committee on the Rights of the Child has reaffirmed that every child has a fundamental right to liberty and should not be detained based on their migration status.

Veliko urged Thailand to focus on ending child immigration detention and adopting human rights-based alternatives.

“Children on the move are children first and foremost,” Veliko stressed, adding that detention due to migration status is never in the best interests of children.

The UN Human Rights Office expressed its readiness to assist the Thai government in developing alternatives to detention, ensuring that all children receive the protection and care they need.

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Civil Society

FORUM-ASIA condemns Myanmar junta’s forced conscription expansion, urges international action

FORUM-ASIA condemns Myanmar’s military junta for expanding forced conscription, calling it a desperate bid to maintain power. The policy, affecting men aged 35 to 60, adds to a long list of human rights violations, including forced labor and the use of civilians as human shields.

Published

1 week ago

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4 September 2024

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The Asian Forum for Human Rights and Development (FORUM-ASIA) has condemned the Myanmar military junta’s recent decision to expand the age limit of its forced conscription policy, calling on the international community to stand in solidarity with the people of Myanmar.

The move is seen as a desperate attempt by the junta to maintain control in the face of a growing pro-democracy resistance movement.

On 25 August 2024, Senior General Min Aung Hlaing announced the introduction of a new “security system with public participation.”

This system would require men aged 35 to 60 to serve as guards, potentially placing them on the frontlines of conflict. The announcement follows the formation of the Central Supervisory Committee for People’s Security and Anti-Terrorism on 16 August, tasked with organizing military training and overseeing “people’s security and anti-terrorism” groups at various administrative levels.

The junta’s plan builds upon the forced conscription policy it implemented on 10 February 2024, invoking the 2010 People’s Military Service Law.

The law mandates men aged 18 to 35 and women aged 18 to 27 to serve two years in the military, with professionals like doctors and engineers potentially serving up to five years. Those who evade service or assist others in doing so face up to five years in prison. As part of this policy, the junta planned to conscript 5,000 individuals monthly from April 2024.

Civilians as Human Shields and Forced Labor

FORUM-ASIA has condemned the junta’s forced conscription policies, highlighting the military’s history of using civilians as human shields and forcing them into hard labor.

The International Labour Organization’s Commission of Inquiry found in October 2023 that the military continues to impose forced labor amidst the ongoing armed conflict, a practice that has escalated since the 2021 coup attempt.

Local news and human rights groups have reported that the junta is also abducting and arresting citizens to use as human shields, further contributing to the human rights violations in Myanmar. Many youths, rather than being conscripted into fighting for a regime they oppose, have fled their homes to join the resistance.

United Nations Secretary-General António Guterres has expressed concern over the junta’s detention and recruitment of Myanmar youth. Meanwhile, Tom Andrews, UN Special Rapporteur on Myanmar, noted the junta’s increasing use of powerful weapons against civilians as troop losses and recruitment challenges mount.

Call for Action

FORUM-ASIA is calling on the Myanmar military junta to immediately halt its forced conscription, abductions, forced labor, and the use of civilians as human shields.

“FORUM-ASIA urges the international community, including the UN and ASEAN, to thoroughly investigate the Myanmar military junta’s long list of human rights violations. The junta should be held accountable for all its crimes through sanctions and other punitive measures,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

“The international community must urgently isolate the junta and support the people of Myanmar in their struggle for justice and freedom,” Bacalso added.

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