Justice for Sabri Umar: Do not deport wrongly convicted migrant worker

WE, the 19 undersigned groups, are pleased that Sabri Umar was acquitted and released from prison in Sabah on July 22, 2022, by Justice Lim Hock Leng at the Tawau High Court.

He had been wrongly convicted on April 19, 2022, by the Sessions Court of being in Malaysia illegally when, in fact, he is a documented migrant worker with a valid work permit. This is evident from, among others, his Indonesian passport, which was seized by Malaysian police on April 5, 2022.

While awaiting the outcome of his appeal, Sabri was wrongfully caned. The Prisons Department, in a letter dated July 18, 2022, stated that the caning had only been carried out after it received a letter from the Sessions Court saying that there were no appeals from any party. This was wrong as Sabri's appeal yet to be heard.

The High Court acknowledged that the caning was against Malaysian law, which prohibits the carrying out of the sentence of caning a convicted person until appeals are exhausted. This was also confirmed by the Prisons Department.

The highlighting of this miscarriage of justice against Sabri via a media statement released on July 19 by 45 human rights groups as well as various letters – including from Sabri’s union, Sabah Timber Industry Employees Union – got the High Court’s attention and led to the calling up of Sabri’s case for revision on July 22.

Sabri has commenced a claim for reinstatement by reason of wrongful dismissal at the Industrial Relations Department, which is progressing and will be referred to the Industrial Court. Sabri wants to work and live legally in Malaysia, and his wife is also a migrant worker in the country legally.

We are now worried that Sabri may be deported in an attempt to stop investigations into possible wrongful actions by government agencies that caused an innocent man to be wrongfully charged, convicted and sentenced to 11 months imprisonment and five strokes of the rotten.

Being outside of Malaysia may impede Sabri’s quest for justice.

The speedy deportation of migrants out of Malaysia, even when they have valid claims against employers and/or others, stops them from pursing justice because their physical presence is usually required in the courts. Calls to confirm whether migrant workers have existing claims or ongoing cases before sending them out of the country have yet to receive positive responses.

Therefore, we:

> Call on Malaysia and/or Indonesia not to cause Sabri to be sent out of Malaysia before he can exercise all his rights/claims through Malaysian avenues of justice, including his present claim for reinstatement by reason of wrongful dismissal at the Industrial Court;

> Call on all parties to not threaten, deceive and/or pressure Sabri into not exercising his right to claim for damages, compensation and justice;

> Call on the government of Malaysia to ensure that Sabri can continue to work and stay legally in Malaysia until all his claims for justice are determined and satisfied.

CHARLES HECTOR

APOLINAR Z. TOLENTINO JR

ADRIAN PEREIRA

For and on behalf of the following 19 organisations:

Aliran

Madpet (Malaysians Against Death Penalty and Torture)

Building and Wood Workers International-Asia Pacific Region

WH4C (Workers Hub For Change)

North-South Initiative

Black Women for Wages for Housework, United States

Center for Alliance of Labor and Human Rights, Cambodia

Centre for Orang Asli Concerns, Malaysia

Club Employees Union, Peninsular Malaysia

Haiti Action Committee

Labour Law Reform Coalition, Malaysia

Network of Action For Migrants in Malaysia

Sabah Plantation Industry Employees Union, Malaysia

Sabah Timber Industry Employees Union

Teoh Beng Hock Trust for Democracy

The William Gomes Podcast, United Kingdom

Timber Employees Union, Peninsular Malaysia

Union of Forestry Employee Sarawak

Women of Color/Global Women’s Strike, United States and United Kingdom