Malaysia
Violence and Misuse of Power by RELA Personnel during the Selayang Raid on 13 May 2006
Suara Rakyat Malaysia Memorandum to SUHAKAM
(Human Rights Commission of Malaysia)
Background
In order to tackle the immigration issue, the government has mobilized People's Volunteer Corps (RELA), the Malaysia's controversial baton-wielding volunteer reserve. They are given wide powers to aid the authorities in dealing with migrant workers on the ground that enforcement operations will be more effective with the help from local people who volunteered in RELA. However, the reality reveals that misuse of power by the untrained voluntary corps has become a worrying trend. Migrant workers and refugees were often assaulted and humiliated during the RELA operations. Corruptions and human rights violations are also often to be heard.
In 2006 alone, there were numerous complaints against the notorious RELA.
In the midnight of 11 February 2006 , RELA carried out a raid on foreign workers in the open market at Selayang. According to eye-witnesses, those migrant workers caught were beaten up by the RELA personnel and treated like cattle. According to the British Broadcasting Corporation (BBC) report, five died while trying to flee the raid. Five bodies were found in a small lake near the open market in Selayang Baru. BBC reported that Kuala Lumpur Hospital had confirmed that four bodies had been taken from the lake in Selayang while another body of Zaw Oo was said to be buried quickly. Although the then Home Minister, Azmi Khalid only confirmed two deaths but denied that the deaths were the result of the raid, there was no investigation fact that supported the minister's statement. Neither the police nor the ministry has made public any investigation report on the conflicting facts reported by media and the statement issued by the ministry, if there was any.
One day after the incident, members of RELA were again slammed for allegedly assaulted and forced a group of men who were mostly technicians and contract workers of an IT company to do the 'duck walk' in Shah Alam. Besides, some of them were reportedly punched, slapped and kicked in the process.
In another occasion which happened on 28 February 2006 , the RELA personnel took the law into their hands and acted like thugs by brutalizing 61 Indian nationals who were seeking help from the Indian High Commission. According to a news report (Malay Mail, 7 March 2006 ), victims claimed that the RELA started kicking and punching them when they arrived. One man claimed that he was badly beaten by RELA members, resulting bone fractures in both his arms.
On 13 May 2006 , the RELA once again conducted a huge raid in the open market of Selayang and Seri Kembangan. At around 2:45 in the morning, some 1000 RELA members were present without the company of police force or immigration officers in Selayang. The raid was carried out in an indecent and brutal manner. SUARAM received many complaints about the misuse of power and human rights violations by the RELA personnel when we conducted a field investigation in Selayang on 16 May 2006 .
According to the eye-witnesses' testimonies, the raid was messy and violent. RELA members charged into the migrant workers' houses by breaking their padlocks and wooden doors. Some of them even entered the migrants' houses by breaking the ceilings. People were assaulted to severe injury. Migrant workers with proper document, asylum seekers with UNHCR letters and heavily pregnant ladies were arrested. Complaints of briberies and other form of violations were also made by the community.
Points of complaint
We consider the constant RELA raids on the migrant workers and refugees as an act of discrimination towards migrants. It is clearly against the internationally recognized Universal Declaration of Human Rights (UDHR). Article 2 of the UDHR states that "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."
Therefore, we would like to bring the following issues to SUHAKAM's attention:
1. Violence used against the migrants
The RELA members were extremely brutal while arresting the migrants. Unnecessary and excessive force used by the RELA members had caused serious injuries to the
victims.
a) One of the victims was a Burmese refugee who holds a UNHCR refugee card, Salleh (pseudo name). He was chased by two RELA personnel and was beaten up with 2-feet batons until he fell into a drain nearby. Salleh was badly injured on his waist and he couldn't move for almost 15 minutes. The two RELA members carried him out from the drain. After verifying his UNHCR refugee card, the RELA left the severely injured Salleh without sending him for any medical aid.
b) Another victim was also a Burmese migrant, named Esup. Esup has applied for refugee status and holds a valid UNHCR verification letter (ref: 03/MLS/11603). According to eye-witnesses, Esup was beaten by RELA on his head while he was trying to show his UNHCR letter. His head was seriously injured and the blood tainted in many places of the house. Stains of blood can still be clearly seen on the wall of Esup's house. He was later sent to a clinic for medical treatment and he is still being detained in Machap Umboo detention camp, Malacca.
The excessive force used by the RELA when conducting raids is totally uncalled for and inhumane. The violent practice of RELA is an obvious violation of Article 5 of the UDHR, which says "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
2. Properties destroyed, house broken in without warrant
According to eye-witnesses, RELA personnel entered their houses by breaking the padlocks and wooden doors. Some of them have even entered the migrants' houses from the roof, by destroying the ceilings. We question the manner of the raid was conducted by the RELA, which is only a voluntary corps that supposedly to only assist the official security forces. Which law entitles RELA personnel to brutally intrude houses of migrants, where many residents are actually legal migrants or recognized refugees?
3. Documented migrants were also arrested
During the raid on 13 May, the RELA had arrested a number of documented migrants. Maung (pseudonym), who was a documented migrant, was arrested by the RELA although he had produced proper document. He was wrongfully held for several hours with others until his agent went to bail him.
4..Bribery and stealing
According to Maung's testimony, while he was waiting for his agent, he saw some arrested documented migrant workers bribed the RELA personnel. Each of them paid RM 150 in order to secure their release.
Another documented migrant worker, Zaw (pseudo name) found out that his wallet was stolen after the RELA raid. During the midnight raid, he was working in the open market, leaving his wallet in the house. When he went back home after the raid, he found that his
wallet which contained money of about RM 150 and some documents was missing.
5..Heavily pregnant ladies were arrested
The RELA personnel have arrested two heavily pregnant ladies in the raid. They are Sahida Binti Yassin (who holds a UNHCR verification letter, ref: 06/MLS/00854) and Khin Khin Wai. Sahida is expected to deliver this month, while Khin Khin Wai's pregnancy was about 21 weeks at that time. Khin Khin Wai's relatives and friends were not allowed to send her any commodity.
We raise serious concerns on the well being of the two ladies. The condition in the detention is putting the unborn child and the mother into life threatening situation.
Demands
We are of the opinion that the misuse of power and the violence committed by the RELA are very serious warrant actions to bring those misbehaved RELA personnel to justice.
Therefore, we urge SUHAKAM to:
1..Conduct an independent and open inquiry into the abuse of power and unlawful violence by the RELA in the above raid ( 13 May 2006 ).
2. Ensure that all RELA members who committed misuse of power and violence in the raid to be prosecuted in the court.
3. Ensure the well being of all detainees in detention camp and secure the release of the two pregnant ladies.
4. Call on the government to stop allowing RELA in conducting raids on migrants immediately.
5. Call on the government to ratify The UN Convention Relating to the Status of the Refugees immediately and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
SUARA RAKYAT MALAYSIA
Address: 433A, Jalan 5/46, Gasing Indah, 46000
Petaling Jaya, Selangor , Malaysia .
Telephone: +6 03 7784 3525
Fax: +6 03 7784 3526
Email: suaram@suram.net
Web: www.suaram.net
