[sangkancil] Re: (Sangkancil) Battered Foreign Women Detain By Penang Immigration Dept. Official


To <sangkancil@malaysia.net>
From "Selva" <hareshs@tm.net.my>
Date Sun, 9 Aug 1998 22:24:18 +0400


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Dear SKers,

Do you know that the Penang Immigration Department has many racist elements
holding high position? One such person is the head of the enforcement -
Badri. 

This guy hates anybody who is not Malay. Let me relate one incident to show
what a racist this Badri is.

There is this Indian women from the Republic of India who is married to a
Malaysian and who has lived here for the last 18 years on a year to year
social pass. Due to sever wife bashing and abuse from the drunkard
Malaysian husband over the years, this women decided to either take her
life i.e. commit suicide or run away permanently from the abusive husband.
She was a victim of violent wife-abuse.

On the 6th of November 1996 due to violence and sever beating she received
from her husband that day, she decided to take a bold step, that is, to
make a Police Report. Of course nothing good came out of this report
eventhough she had great hopes that the authorities concern would be able
to do something to stop the violence. In fact after this report was made,
the beatings got worst.

One week later with no other alternative left, she took some rat poison
(Matikus) to take her life away. She was admitted in the hospital and
somehow her life was saved.

The next only option left was to run away. So she ran away somewhere in
January 1997. She ran away not only from her husband but also from the
Immigration authorities as her year to year social pass then had expired on
the 9th of February 1997.

Somewhere in February this year, she approached the Penang PBS Service
Center to help her in her predicament. She wanted an official divorce as
she was married as per the Ordinance Perkahwinan Civil, 1952
(Sekshen 27 dan 41; Atoran 10 (2) ) and registered with the Registrar of
Marriages Penang. And most important what she wanted was to legalize her
stay in Malaysia since she has lived here close to 18 years. 

So the Service Center decided to help this battered women on humanitarian
grounds.

The Center approached the Biro Bantuan Guaman Malaysia (Legal Aid Bureau )
to take up the divorce case and made approaches with the Immigration Dept.
in Penang to legalize her stay. On February 18th an officer from the
Immigration Dept. by the name of Encik Wan told the Center of the
procedures involved. This includes providing all details like copies of
marriage certificate,
passport, letter from lawyer indicting how far the divorce case has gone,
and all other documents related to this women. This includes also preparing
a letter to the Director of Immigration Penang explaining the position. 

The Center was then in contact with the Immigration Department from
February 1998 to July providing many details and hence building a file on
this women for the Department in order to get the special pass. In the
meantime, the Immigration Department also knew where this women was staying
and told the Center not to bring her to the Immigration Department yet.

After 6 months on July 24th Encik Wan told the Center that the file is all
complete now and it would be sent to the Enforcement Division of the
Immigration Dept. for further action. Encik Wan told the Center to get
in touch  with Encik Zalulan of the enforcement who would be handling this
matter from now on.

On the same day the Center got in touch with Encik Zalulan. Encik Zalulan
explained that they have decided to compound for the overstay and then
issue a special pass for this women to complete her divorce case. Encik
Zalulan also told the Center to bring the women on Monday 9.00 am July 27th
to record a statement.

Come Monday July 27th, the Center brought this women to the Immigration
Department to record her statements, pay the compound and get the special
pass as indicted. Statement were recorded from 9.00 a.m. to 12.45 noon and
all these while Encik Zalulan was giving the impression that a special pass
would be issued. At around 2.30 p.m., the head of enforcement Encik Badri
rather annoyed called the Center personnel who was accompanying this women
and said " THIS INDIAN WOMEN MUST BE DETAIN. THEY ARE JUST A PROBLEMATIC
BANGSA. SHE HAS BEEN RUNNING AROUND AND AVOIDING OUR ARREST FOR A LONG
TIME. I HAVE RECEIVED A CALL FROM KL TO DETAIN THIS LADY. WE WILL DETAIN
HER FOR 2 WEEKS AND AFTER THAT KICK HER OUT FROM HERE. INI SAMPAH, AND YOU
ALL ARE THE SAME. WE CAN ALSO DETAIN YOU ". The Center personnel tried to
reason out with Badri but he was not in the mood to listen, all he said
again was "YOU CAN GO NOW, WE WILL GET IN TOUCH WITH YOU." 

The women in the meantime was detained in the lockup of the Penang Road
Police Headquarters. 

28th July the next day, the Center through the good office of the Special
Branch (SB) managed to get an appointment fixed to see the Deputy Director
of Immigration Encik Suhaimi Muhamad. Encik Suhiami was sympathetic and
explained that the Immigration Dept has to detain this women for
investigation and asked the Center in the meantime to get another letter
from the lawyer who is handling the divorce petition.

On 29th July, the next day, Encik Suhaimi was given the letter from the
lawyers regarding the extend of the divorce petition. Was ask to wait a few
more days before any other decision can be made. Already 3 days in
detention now.

30th July - 4th day in detention. Center personnel meets with the Director
of Immigration at 2.30 p.m. The Pengarah was not aware of this matter.
Center personnel explains from A to Z of this case and also the role of the
Center in this matter. Center also pointed out that its role is to help and
to do justice for a BATTERED WOMEN eventhough not from our country. The
lack of institutional help services for battered women reflects an utter
disregard on the part of the public service to protect the civil liberties
of women from their violent spouses and their repeated attacks, be it
physically or psychologically. Also told the Pengarah that his boys did not
do their job
properly and should not have lied to a Malaysian NGO who is actually
helping the Government in solving an illegal problem out of the millions we
are encountering. By this hard and inconsiderate action of the Immigration
Dept no Malaysian are ever going to come forward to help as they would not
trust Government officials any more because they lie - Credibility is lost.

31st July - 5th day in detention. Center applies for visitation. Approval
given.

1st August - 6th day in detention. Center personal make a visit to see the
condition of the women at the Penang Road Police headquarters.

2nd August - 7th day in detention. Still no news from the Immigration Dept.

3rd August - 8th day in detention. Still no news.

4th August - 9th day in detention. Still no news.

5th August - 10th day in detention. Called Encik Zalulan and was asked to
wait till Saturday for a decision.

8th August Saturday -13th day in detention. Meet Pengarah at 8.30 a.m.
Pengarah calls Encik Badri and informs that he is sending the PBS Center
personnel to see him. Encik Badri disappears but Encik Zalulan is in his
desk. Encik Zalulan then informs that investigation is still not complete
and it would take a few more days. "Come on Tuesday and see the Pengarah
again" said Encik Zalulan.


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