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Dear Friends and Advocates,

Warm greetings of peace and social justice to all of you! We are forwarding you an urgent action appeal by our partner organisation in Malaysia that works for migrant workers' rights in that country. We encourage you to please appeal to the Malaysian government to immediately release Pajirudeen Pichakaini, an Indian national, who was unlawfully arrested on April 22 by RELAs (they are commissioned by the Malaysian government to implement the nation wide crackdown against undocumented migrant workers. For your reference, please read below the details of this case and addresses where to send your appeal.

Moreover, please add your call to the Malaysian government to immediately impose a:

  • Disciplinary Action against the Arresting Officers, the Investigation Officer and the Prosecuting Officer
  • Stop the Crackdown on Undocumented Migrants
  • Abolish the whipping penalty which is a punitive and barbaric form of punishment and to ensure the respect and protection of the rights and welfare of the migrants (legal & undocumented) in Malaysia.

Kindly copy furnish TENAGANITA of your urgent appeal to the Malaysian government. Let us together bring our united voices to the Malaysian government until we achieve our demands!

Thanking you in anticipation.

In solidarity,
Esther Buhay C Bangcawayan
Women's Program Coordinator
Asia Pacific Mission for Migrants (APMM)

URGENT ACTION

RELEASE PAJIRUDEEN PICHAKAINI IMMEDIATELY!!

Another blunder……Another Innocent Migrant Imprisoned!

The crackdown on undocumented workers that commenced on 1st March 2005 has brought about another gross injustice. Less than two months of media highlight of the case of wrongful arrest of Mangal Bahadur Gurung, another migrant was put through a similar ordeal.

Pajirudeen Pichakaini of India has a valid work permit with Restaurant Aliff. At the time of arrest, his employer was holding his passport.

FACTS

  • PAJIRUDEEN PICHAKAINI was arrested on 22nd April, 2005 at about 11.00 pm, in Puchong By RELA officials
  • At the time of the arrest, PAJIRUDEEN had a photocopy of his passport and work permit. The arresting RELA official tore the photocopies of the passport
  • PAJIRUDEEN is being detained at the Sungai Buloh Prison
  • PAJIRUDEEN’S work permit is valid till 9th August 2005 however the hearing is fixed for mention on 15th August, 2005 (by which time the work permit would have expired and PAJIRUDEEN would have been in detention for 85 days).
  • Charged under Sec 6(1) Immigration Act for illegal entry. PAJIRUDEEN arrived in Malaysia via KLIA on 10th August 2003 for the purpose of employment.
  • On conviction PAJIRUDEEN CAN BE SENTENCED to five years imprisonment and whipped not more than 6 strokes.
  • On 22nd June 2005 Ms Santhi Nagu from Penny Khoo Soh Ping & Co, personally handed over the original passport to the Prosecuting Officer, Kasturi Bai a/p Venugopal of Shah Alam Immigration Department, verifying his legal status in the country.

Mangal Bahadur Gurung’s case was highlighted in the Malay Mail (13th May 2005) and yet another gross injustice has occurred and continues to occur.

  • The arresting officers and the investigating officer not only have failed in their duty to verify and investigate, but have destroyed valid documents that proved his legality.
  • The prosecuting officer, Kasturi Bai a/p Venugopal has misled the court again, in showing that PAJIRUDEEN is undocumented and has entered the country illegally just as in the case of Mangal Bahadur Gurung

Tenaganita condemns the massive crackdown on undocumented migrants. The crackdown has created more unlawful arrests of migrant workers. Continuous holding of passports by employers and no thorough investigation had led to migrants being continuously charged under Section 6 of the Immigration Act 1963…imprisoned and whipped!. “To err is human, but to persist in error is diabolical”.

STOP INNOCENT WORKERS FROM IMPRISONMENT AND BEING WHIPPED!!

STOP INNOCENT WORKERS FROM IMPRISONMENT AND BEING WHIPPED!
Please send your appeals urging:-

  • The Immediate release of PAJIRUDEEN PICHAKAINI
  • Disciplinary Action be taken against the Arresting Officers, the Investigation Officer and the Prosecuting Officer
  • Stop the Crackdown on Undocumented Migrants
  • Abolish the whipping penalty which is a punitive and barbaric form of punishment

Your urgent action can be sent to the following:-

Tun Dato' Sri Ahmad Fairuz bin Dato' Sheikh Abdul Halim
Chief Justice Of The Federal Court Malaysia
Chief Justice's Chambers
Federal Court of Malaysia
Palace of Justice
Precinct 3
62506 Putrajaya

Y.Bhg. Dato Azmi Khalid
Kementerian Hal Ehwal Dalam Negeri
Blok D1, Parcel D
Pusat Pentadbiran Kerajaan Persekutuan
62546 Putrajaya
Fax: 88891613

Y.Bhg. Tan Sri Abdul Gani Patail
Attorney General of Malaysia
Attorney General's Chmabers
Level 1- 8, Blok C3, Parcel 3
Pusat Pentadbiran Kerajaan Persekutuan
62512 Putrajaya
Malaysia
Fax: 88889362

Y. Bhg Dato' Hj Mohd Jamal Bin Kamdi
Ketua Imigresen Malaysia
Jabatan Imigresen Malaysia
(Kementerian Hal Ehwal Dalam Negeri)
Level 7, Blok 2G4, Precinct 2
Pusat Pentadbiran Kerajaan Persekutuan
62550 Putrajaya
Fax: 88812000
 

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