Right to seek asylum and due process undermined by deportation of former Cambodian police chief
Amnesty International Malaysia condemns the deportation of former Phnom Penh Police Commissioner, Heng Pov back to Cambodia who fled his country of origin in fear of his life.
AI-Malaysia believes that everyone has a right to seek asylum and should have the right to due process in its adjudication. Article 14 of the Universal Declaration of Human Rights (UDHR) provides that "everyone has the right to seek and enjoy in other countries asylum from persecution."
The principle of non-refoulement, which is part of international customary law, prohibits the return of any person in any manner whatsoever to a situation where he or she would be at risk of torture or other serious human rights violations.
AI-Malaysia is of the view that the right to life of Heng Pov must be respected and that he should have been allowed to seek asylum. Furthermore, the Finish government had accepted his application to seek asylum, and therefore his asylum application clearly falls within another jurisdiction and should have been subjected to due process according to the principles and safeguards provided by the Finish government.
His deportation is evident that the Malaysian government, who is a member of the UN Human Right Council, has failed to respect the asylum process and continues to disregard international customary laws and principles.
AI-Malaysia is also concerned with the approach taken by the Court of Appeal in light of Section 59A of Immigration Act 1963 that prohibits all form of judicial review over a decision made by the Immigration Department or Minister in power.
We believe that the powers of the Immigration must be subjected to judicial scrutiny and that they should be held accountable like any other agency in the country. The current practice of the Immigration playing the role of judge as well as enforcer undermines the right to justice and due process.
We would like to remind the Immigration Department that the every person has the right to equality before the courts and to a fair trial by an independent and impartial tribunal established by law. This is provided in Articles 6 and 7 of the UDHR as well as Article 14 of the International Covenant on Civil and Political Rights.
These rights are fundamental human rights that apply to all people and indispensable for the protection of other human rights, such as the right to freedom from arbitrary detention, freedom from torture or cruel, inhuman or degrading treatment, the right to life, and the right to freedom of expression.
AI-Malaysia therefore calls on the government of Malaysia to immediately repeal the arbitrary ouster clause contained in Section 59A of the Immigration Act.
AI-Malaysia believes that everyone has a right to seek asylum and should have the right to due process in its adjudication. Article 14 of the Universal Declaration of Human Rights (UDHR) provides that "everyone has the right to seek and enjoy in other countries asylum from persecution."
The principle of non-refoulement, which is part of international customary law, prohibits the return of any person in any manner whatsoever to a situation where he or she would be at risk of torture or other serious human rights violations.
AI-Malaysia is of the view that the right to life of Heng Pov must be respected and that he should have been allowed to seek asylum. Furthermore, the Finish government had accepted his application to seek asylum, and therefore his asylum application clearly falls within another jurisdiction and should have been subjected to due process according to the principles and safeguards provided by the Finish government.
His deportation is evident that the Malaysian government, who is a member of the UN Human Right Council, has failed to respect the asylum process and continues to disregard international customary laws and principles.
AI-Malaysia is also concerned with the approach taken by the Court of Appeal in light of Section 59A of Immigration Act 1963 that prohibits all form of judicial review over a decision made by the Immigration Department or Minister in power.
We believe that the powers of the Immigration must be subjected to judicial scrutiny and that they should be held accountable like any other agency in the country. The current practice of the Immigration playing the role of judge as well as enforcer undermines the right to justice and due process.
We would like to remind the Immigration Department that the every person has the right to equality before the courts and to a fair trial by an independent and impartial tribunal established by law. This is provided in Articles 6 and 7 of the UDHR as well as Article 14 of the International Covenant on Civil and Political Rights.
These rights are fundamental human rights that apply to all people and indispensable for the protection of other human rights, such as the right to freedom from arbitrary detention, freedom from torture or cruel, inhuman or degrading treatment, the right to life, and the right to freedom of expression.
AI-Malaysia therefore calls on the government of Malaysia to immediately repeal the arbitrary ouster clause contained in Section 59A of the Immigration Act.
2 comments:
ONE DAY VIETNAMESE COMMUNIST THE MASTER OF THE HUN SEN DRUG DEALER AND THE ROYAL CROOK'S CAMBODIAN GOVERNMENT WILL SWALLOW MALAYSIA SAM AS THEY SWALLOW CHAMPA(OLD MUSLIM COUNTRY) IN THE PAST.
Malaysia has sided with the low morale gangster gov't. With this gov't it would benefit more through deals and favors and who knows what else than if it would with Heng Peo, who is fighting for his life, who would only pay for the cost he incured with authorities. It is also a slap in the face to Finland who issued Heng peo a visa over concern of human rights violation by the Cambodian gov't. Malaysia has spoken and chose the side of gangster gov't. What's that tell you about Malaysia?
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