July 04, 2005

Malaysia: Struggle for the Restoration of Democracy in Burma

68 BURMESE PROTESTERS YET TO BE CHARGED

by Roshan Jason, Jun 22, 05 7:21pm

The United Nations High Commissioner for Refugees (UNHCR) in Kuala Lumpur has confirmed that Burmese dissidents arrested for a protest outside their embassy last week are still being remanded at the Jalan Pudu detention centre.

In an e-mail response, the refugee protection body said: “As at today, no charges have been pressed against them and they continue to be detained. UNHCR has access to them and is monitoring their situation.”

Burmese Protesters
Burmese militants protest continued detention of pro-democracy leader Aung San Suu Kyi.

On June 16, the Burmese had protested the continued detention of their pro-democracy leader Aung San Suu Kyi and had also made calls for the democratisation of Burma (also known as Myanmar).

The UNHCR added that 38 of them, including three women, are registered with it. It is unclear if the travel documents of the remaining 30 are still valid.

Protection papers issued by the international body generally support temporary stay rights to refugees in a country until they can be resettled. Those holding the identification papers are deemed persons of concern to the UNHCR since they have fled persecution in their homeland.

An officer at the remand centre, who declined to be named, said the protesters will be remanded until Friday.

The investigating officer at the Cheras District police station, Tarmizi Ismail, could not be reached for comment.

Immigration offence?

A source close to the case, who requested anonymity, said the protesters will likely be charged for illegal entry under the Immigration Act, as opposed to the previous practice of charging demonstrators for illegal assembly.

A gathering of five people or more without a police permit is deemed an illegal assembly under the Police Act 1967.

If charged with immigration violations, the protesters will be deported to Burma, which is ruled by a military government that has been widely accused of human rights abuses.

In commenting on the arrests, UNHCR said it “wishes to emphasise that we expect the refugees and persons of concern to us to respect the law of the country. Refugees are not outside of the law, and while they reside in Malaysia, they too are governed by the laws of Malaysia”.

This was the third protest that Burmese dissidents in Malaysia have organised outside the embassy in Jalan Ampang, Kuala Lumpur, this year.

The earlier protests saw 164 ethnic Burmese Christians arrested in January for protesting religious persecution in Burma, while 18 others were nabbed a month later while protesting a “sham national convention” being held in their country.

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ACKNOWLEDGEMENT: This information was relayed by Charles Hector Fernandez, a human rights lawyer in Malaysia. He is closely working with MFA.  Charles can be contacted through his email address: chef@tm.net.my.

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