Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
their names and process the application. The list then will be forwarded to JKRIM4 for
further endorsement and the final list will be forwarded to IDC for release purposes.
ii.
Arrests at Kuala Lumpur General Hospital
The Commission was approached by a few NGOs on the issue of arrest of undocumented
migrants and unregistered refugees and asylum seekers at KLGH. Subsequent to that,
a meeting cum visit was held with the Immigration Department of Wilayah Persekutuan
on 12 May to discuss the issue. Apparently, there was a directive issued by the Head
of KLGH that the Immigration Department must be notified once an illegal migrant/
migrants without any valid documentation sought treatment. Upon notification, they
would be arrested right upon their discharge by the hospital. During the visit, the
Commission observed that mothers and their new-borns who were arrested at the
hospital were allowed to stay in a separate room with basic needs such as diapers
and clothes. According to the Immigration Department, their documentation will be
prepared immediately to avoid long detention.
The Immigration Department and KLGH reported that the authorities had to arrest the
illegal migrants due to various reasons such as overcrowding of migrants at Government
hospitals which had led to insufficient number of beds in the hospitals; and the inability
of most illegal migrants to pay for medical treatment, which had resulted in KLGH
suffering arrears of RM2.8 million.
The Commission expressed its concerns of possible infringements of human rights in
the arrest of undocumented migrants at the hospital. This could result in fear among
the undocumented migrants to seek treatment in hospitals, which could negatively
impact public health.
The Commission is of the opinion that the Government should approach the problem of
undocumented migrants in a more holistic manner, including addressing such issues
as border control, abuse of social visas, and enforcement against employers who recruit
undocumented migrants, rather than arresting the migrants while they are getting
treatment at public hospitals.
3.
CHILDREN IN IMMIGRATION DETENTION CENTRES
(a) Child Detention in Malaysia
This year the Commission and civil society groups pursued efforts to explore alternatives to
the immigration detention of children. Several meetings were held with the Immigration
Department. The department, it is noted, is also sympathetic toward the conditions of children
in IDCs. Currently there is no other option available for children who were arrested together with
their parents or guardian during raids. Persons under the age of 18 are exempted from arrest
but in cases where they were caught together with their parents or guardian, the enforcement
agencies had no choice but to take them along to the IDCs.
4
Jawatankuasa Rayuan Imigresen (an appeal committee at the Immigration Department)
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