III. The Discovery of the Wang Kelian Mass Graves and Human-Trafficking Camp 76 3. The Commission also noted that the Royal Malaysian Police discovered a possible mass grave site on Wang Burma hill on January 19, 2015, but police only investigated the site properly in March 2015. The Commission believes that the delay in investigating the gravesite delayed the exhumation of remains (in May 2015) from the site, which, in turn, hampered forensic specialists from identifying the causes of their death. This may constitute obstruction of justice. 4. While conducting its investigation, the Commission noted that there are intelligence units in various enforcement agencies at the border, such as the Border Intelligence Unit, Bukit Aman, Special Branch of the Padang Besar Police Headquarters, the Intelligence Unit of General Operations Force; and the Intelligence Unit of the Malaysian Immigration Department. The Commission observed that these units’ function to collect information and data of suspicious activities and crimes along the border between Malaysia and Thailand. 5. In 2013 and 2014, approximately 750 “undocumented foreign migrants” were arrested at the Kaki Bukit Police Station in Perlis State for illegal entry into Wang Kelian. These cases were investigated for immigration offenses and not as human-trafficking cases. The authorities could have detected suspicious activities and discovered the humantrafficking camp in Wang Kelian earlier if the information above and available data about “undocumented foreign migrants” had been well distributed and coordinated among the relevant agencies. 6. Through its interviews with two community leaders of Wang Kelian, the Commission found that local residents often encountered or had at least seen the movement of South Asian-looking foreigners in their village. They noted that those foreigners looked scared, skinny, and some of them had burned marks as if they were splashed with hot water. The Commission noted that residents notified police of “foreigners” in their village and that police often apprehended the foreigners but failed to conduct further investigations, which raises questions regarding the authorities’ response. 7. The Commission found that the Royal Malaysian Police arrested and detained 38 individuals during the raid on Wang Burma hill on January 19, 2015 and charged them under the Immigration Act 1959/63 instead of protecting them under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act of 2007. This happened despite the Investigating Officer of the case concluding that the camp was a site to hold foreigners before they were released or handed to someone or to a syndicate in Malaysia. 8. It was found that the Royal Malaysian Police informed the Commission that Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act of 2007 would have been applied if the authorities had apprehended the men together with their “tekong” or agents.245 CONCLUSION Lastly, the discovery of mass graves and the human-trafficking camp on Wang Burma hill indicates that the border of Malaysia is still susceptible to human trafficking due in part to geographical factors, such as steep hills. The topography of the area made it difficult for authorities to access and patrol the region. 245 The Commission was informed that the authorities convicted four persons allegedly involved in human trafficking related to the camp site and mass graves in Wang Kelian. They were convicted under Section 26A of the AntiTrafficking in Persons and Anti-Smuggling Act of 2007 (Act 670). The police were searching for another 10 suspects, nine of whom are believed to be Thai and one a Bangladeshi. The Commission was also informed that the Attorney General issued extradition requests of suspects believed to be in the custody of Thai authorities.

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