Sabri bin Umar, an Indonesian documented migrant worker, who had a valid work permit/pass (Pass Lawatan Kerja Sementara (PLKS)/Social Visit Temporary Employment Pass), was wrongfully charged and convicted by the Tawau Session Court for being an undocumented migrant worker for the offense of violating Section 6(1)(c) of the Immigration Act on 19/4/2022.

He was sentenced to 11 months in prison, and 5 strokes of the whip. The police at the point of arrest had Sabri's Indonesian Passport, with his PLKS information. The process of Sabri's arrest includes the withholding of his passport by his employer and physical assault by police officers.

During his first session in court, Sabri was misled about the charges against him and coerced into pleading guilty by the public prosecutor handling his case. The immigration department also provided misrepresenting reports in relation to Sabri's Pas Lawatan Kerja Sementara (PLKS) status. 

A Petition of Appeal to the High Court was filed on or about 22 April 2022 and was not heard until 22 July 2022. Meanwhile, on 23 June 2022, Sabri bin Umar was whipped-and this was in violation of the law that states that the sentence of whipping cannot be carried out until the appeal is heard and determined. Sabri was whipped, according to the Prison Department, because the Session Court informed them that there were no appeals.

On July 2022, the High Court called up the case for Revision, and Sabri was acquitted, and thereafter released from prison. He has applied for a Special Pass. The Immigration Department wrongly did not issue the normal 1-month Special Pass, but only a Special Pass for 2 weeks. 

The Immigration Department failed to issue a month Special pass, only a 2-week Special Pass, and one of the Immigration officers told Sabri it was sufficient to plan to leave Malaysia. Sabri does not want to leave Malaysia, as he intends to stay and work legally to pursue his rights, including his claim for reinstatement, which is now referred to the Industrial Court. He has now been granted another special pass for 2 weeks, and a filing for an injunction is in the process to allow him to remain in Malaysia. His access to justice depends on his ability to stay in Malaysia to attend  to his case. 

The reason for the wrongful charging and conviction was due to the actions and failure, done intentionally, negligently, or otherwise of the Police, Public Prosecutor, Immigration Department, Prison Department, Session Court, employer and possibly others. Sabri was wrongfully caused to suffer rights violations, loss of liberty, pain, and suffering.

We call on all, to sign this petition demanding that justice be accorded to Sabri and for those negligent to be investigated. To do so, Sabri should be allowed to remain in Malaysia to make his case. 

MEDIA COVERAGE:

https://m.malaysiakini.com/news/632099

https://m.malaysiakini.com/news/632225

https://www.malaysiakini.com/news/632335

https://focusmalaysia.my/indonesian-migrant-worker-in-sabah-wrongfully-whipped-before-appeal-heard/

https://www.themalaysianinsight.com/s/392621

https://www.thestar.com.my/news/nation/2022/07/23/high-court-frees-indonesian-man-who-was-caned-while-waiting-for-appeal

https://m.aliran.com/civil-society-voices/sabri-migrant-worker-wrongfully-whipped-before-appeal-heard

https://www.thestar.com.my/opinion/letters/2022/07/25/justice-for-sabri-umar-do-not-deport-wrongly-convicted-migrant-worker

https://m.malaysiakini.com/news/631594

https://www.malaymail.com/news/malaysia/2022/08/10/rights-and-union-groups-seek-public-inquiry-into-indonesian-migrant-workers-conviction/22112

https://www.freemalaysiatoday.com/category/nation/2022/08/16/indonesia-seeks-justice-for-wrongfully-imprisoned-citizen/