Suaram strongly condemns the deportation of Heng Pov by the Immigration Department back to Cambodia, where Heng Pov might face the risk of being tortured and killed.
The act of the Immigration Department is clearly in breach of the non-refoulement principle of international customary law which 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.
Suaram is especially concerned with two unusual decisions in which the deportation was done before Heng Pov could exhaust his appeal to the Federal Court after the Court of Appeal set aside the ruling of the High Court in deporting Heng Pov to Singapore.
Firstly, it is a common practice for the lawyer in such urgent case to apply for a stay of the execution of court’s decision while the lawyer can appeal to higher courts. It is thus questionable why the Court of Appeal denied the application of a stay in the case of Heng Pov by his lawyer after they decided to appeal to the Federal Court.
Secondly, why the deputy public prosecutor from the Attorney General’s Chamber did not inform the Immigration Department of the appeal and advise the Immigration Department to put on hold the deportation pending the appeal by Heng Pov?
The deportation done by the Immigration Department is clearly a shameful subversion of the judicial process and a gross violation of the right to due process of Heng Pov.
It is also mind boggling why the Malaysian government should risk itself of breaching international customary law and put Heng Pov’s life at great risk when it can easily comply with the principle of non-refoulement by deporting Heng Pov to Singapore and allow him to fly to Finland, which has accepted his asylum application.
The lightning speed of the deportation of Heng Pov after the ruling of Court of Appeal raises questions whether there was pressure from the Cambodian government on the Malaysian government in expediting the deportation to the extent that the Malaysian government, especially the Immigration Department, sidestepping the judicial process and the rule of law in this country.
The remarks made by Dato’ Ishak Mahmud, the Director of Enforcement of the Immigration Department that the final authority on deportation should be up to the immigration authorities and the court should not interfere is thus unbecoming and unprofessional. It once again highlighted how the Immigration Department could abuse its power arbitrarily and acted above the rule of law if the Immigration Act is not amended and subject the Immigration Department to greater judicial scrutiny in order to ensure accountability of the exercising of its power.
The manner in which Heng Pov was deported is shameful and in stark contradiction with the image of Malaysia as a member of the United Nations Human Rights Council to promote and protect human rights. In order to avoid similar incidents, the government should immediately ratify and implement the International Covenant of Civil and Political Rights, the Convention Relating to the Status of Refugee and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Yap Swee Seng
Executive Director
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