Thirty-two Burmese detainees died while in custody in immigration detention

Thirty-two Burmese detainees died while in custody in immigration detention centres , the highest number of foreign detainee deaths, according to the government.

Home Minister Hishammuddin Hussein said a total of 78 foreign detainees died during 2005 to 2009 in the detention camps.

The foreign detainees included citizens from Burma, Indonesia, India, Bangladesh, Cambodia, Vietnam, Thailand, Nigeria, Togo, Pakistan, Liberia and the Philippines. The minister did not attribute the cause of death among the detainees.

Speaking to The Irrawaddy, Tenne Lee, a refugee coordinator from human rights group Suara Rakyat Malaysia (Suaram), said, “What we know about the cause of the deaths is that most of them died because of medical reasons.”

Lee said that there is not adequate medical treatment while detainees are in custody. Even if the detainees have medicine from a hospital when they enter a detention centre, the medicine is confiscated, she said.

“We do monitor things if we get information about deaths. We do pressure the government, but we don't have power to do investigations,” she said. “It is hard to know the exact number of deaths. The government is not accountable.”

According to a press release by the Bar Council in 2009, 1,300 foreigners died in detention centres during the past six years.

Some Burmese human rights activists say that the number of detainee deaths is much higher than acknowledged by the Home Ministry.

Nai Roi Mon, who works with Mon detainees in Kuala Lumpur and is a member of the Mon Refugee office in Malaysia, said: “I doubt their numbers. As I remember, at least 100 Burmese died in detention centers during the past five years.”

He said that many of detainees died because they were denied medical treatment when needed.

Outbreak of leptospirosis

There are about 500,000 Burmese migrants in Malaysia, legally and illegally. Burmese detainees are the largest group in detention centres.

There are 28 Immigration Detention Centres in Malaysia. Human rights advocates say there are constant complaints of inadequate food, water and unsanitary conditions. Detainees are not given clothing.

Advocates say that family members who try to bring cases to court are discouraged by governmental delay. There has never been a successful case of prosecution for negligence, said Lee. She said children are not separated from adults in detention centres.

According to a 2009 Suaram report titled 'Malaysia Civil and Political Rights Overview', nine Burmese detainees died in detention centers from May to August last year due to an outbreak of leptospirosis (an infectious disease caused by contaminated water or food which has been infected with rodent urine).

Human rights groups and civil society groups highlighted the outbreak of the disease in detention centres, but they say the government has been slow to respond.

Malaysia is ranked as one of the worst countries for refugees by the international watchdog, the US Committee for Refugees and Immigrants. Malaysia also ranks poorly among countries in meeting the minimum standards for the elimination of human trafficking, according to the US State Department.

- Irrawaddy - Malaysiakini, 31/7/2010, Burmese rank highest in detention camp deaths

But, the figures do not tally - the numbers may be higher, see earlier post:- 41% of deaths in Immigration Detention Centres are persons from Burma

41% of deaths in Immigration Detention Centres are persons from Burma

Well, according to the Malaysian government, between 2005 and 2009, 78 persons died while in Immigration Detention Centres, and 32 of them were from Burma.

Sadly, the causes of death was not revealed - and,  we also do not know the number who died when the RELA and/or Immigration officers were trying to arrest them.

We do not know exact numbers of those that died in police lock-ups, prisons, and other places of detention. We recall that 1,300 foreigners were said to have died in the past 6 years.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’] This was again reiterated ABC News(28/5/2009) Malaysia detention centres 'violating rights' .The Bar Council tells us that, "...The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day!" - Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres - Another Burmese migrant dies in Alor Star Detention Centre

In July 2009, the Dewan Rakyat was told that some 2,029 persons died in prisons, rehabilitation centres and immigration detention centres between 2002 and 1 June 2009.  More recently SUHAKAM Commissioner Datuk Siva Subramaniam was quoted as saying that 1,300 foreigners died in detention within the past six years.  The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day! - Malaysian Bar [Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres]

And now, we are told....

JAWAPAN LISAN DEWAN NEGARA YBM TUNKU ABDUL AZIZ BIN TUNKU IBRAHIM PADA 26 JULAI 2010 [Written Answers in respond to question raised by a Senator]

SOALAN:

Tunku Abdul Aziz bin Tunku Ibrahim minta MENTERI DALAM NEGERI menyatakan bilangan kematian tahanan imigresen yang berlaku di depot tahanan imigresen dan hospital mengikut kategori negara asal, jantina dan umur dalam masa lima tahun yang lepas dan bilangannya bagi setiap tahun.

JAWAPAN:

Tuan Yang Di-Pertua,

Terima kasih diucapkan kepada Yang Berhormat Senator yang mengemukakan pertanyaan.

Untuk makluman Ahli-ahli Yang Berhormat, sejumlah 78 tahanan telah mati di dalam Depot Imigresen untuk tahun-tahun 2005 hinga 2009, dengan pecahan bilangan seperti berikut:

i.                    Bagi tahun 2005 sebanyak 1 kematian;

ii.                  Bagi tahun 2006 sebanyak 5 kematian;

iii.                Bagi tahun 2007 seanyak 27 kematian;

iv.                Bagi tahun 2008 sebanyak 14 kematian; dan

v.                  Bagi tahun 2009 sebanyak 31 kematian.

Dari jumlah ini, didapati bilangan tertinggi terdiri dari:

i.                    32 tahanan warganegara Myanmar yang kesemuanya merupakan lelaki;

ii.                  12 tahanan warganegara Indonesia yang mana 8 adalah lelaki, 2 adalah wanita dan 2 kanak-kanak;

iii.                11 tahanan warganegara India yang amna 10 adalah lelaki dan 1 wanita;

iv.                11 tahanan warganegara Bangladesh yang kesemuanya merupakan lelaki.

v.                  4 tahanan warganegara Kemboja yang kesemuanya merupakan lelaki;

vi.                2 tahanan warganegara Vietnam yang kesemuanya merupakan lelaki;

vii.              Dan

viii.            Masing-masing 1 tahanan lelaki dari Thailand, Nigeria, Togo, Pakistan, Liberia dan Filipina.

See also earlier post Death in Custody: Could be more than 3,000 since 1990...

Amend the law to cover deaths in Immigration Detention Places, Drug Rehab Centres, etc...

Amend the law to cover deaths in Immigration Detention Places, Drug Rehab Centres, etc...

There really is a need to amend  the Criminal Procedure Code, to extend inquiries of a death of a person to Immigration Detention Centres, Drug Rehabilitation Centres, Henry Gurney School,... i.e. all places of detention. Now, section 334 confines itself only to 'custody of police'(which would include police lock-ups), psychiatric hospitals or prisons...when there are so many other places of detention in Malaysia.

It should also be extended to include custody of the RELA, Immigration enforcement officers, and other enforcement officers...

What about persons in the custody of other private persons, who also do have the right to arrest persons... 

Of late, there have been a lot of cases of death in Immigration Detention Centres.... and the current law about 'inquiries of death', imposes no obligation on the person in charge of Immigration Detention Centres to  "... immediately give intimation of such death to the nearest Magistrate..."

INQUIRIES OF DEATHS

334.  Inquiry into cause of death of a person in custody of police or in any asylum.

When any person dies while in the custody of the police or in a psychiatric hospital or prison, the officer who had the custody of that person or was in charge of that psychiatric hospital or prison, as the case may be, shall immediately give intimation of such death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death. - sec 334, Criminal Procedure Code (Act 953)

Migrant Worker dies in Detention Centre in Alor Star

Another Burmese migrant dies in Alor Star Detention Centre

I received information that another Burmese Migrant dies in Detention Centre in Alor Star.

Name: San Oo
Body Number: 4630
Died on 3/3/2010

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’] This was again reiterated ABC News(28/5/2009) Malaysia detention centres 'violating rights' .The Bar Council tells us that, "...The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day!" - Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres

 

See earlier posts:-

Migrants eat grass...walk backfooted...and so they get sick and die...

No Za Bou, Women Migrant from Burma dies in KLIA Detention Centre - Could this death have been avoided with proper healthcare?

Minister of Health's lack of response shows a lack of accountability - Death of Migrants in Detention Centres by reason of Leptospirosis

Malaysian Trade Union Congress (MTUC) makes it 26 groups concerned about recent death of 6 Burmese in detention

2 migrants fell sick and died at the KLIA Immigration Depot. Could death have been avoided if the required healthcare was available?

126 groups:- Death of 2 Burmese Indicative of State of Detention Places in Malaysia - Denial of Healthcare Is a Violation of Right to Life 

* I have received a letter from the Ministry of Health recently, and I would try to post the same in this blog as soon as possible.