March 6, 2013
FMT LETTER: From Sarah
Devaraj, via e-mail
On March 1, 2013, Jesumalar, a Sri Lankan, received a
phone call from the Immigration Department that her husband Krishnanantham had
died at about 2am on Feb 28 at the Seremban Hospital. Krishnanantham was
earlier detained in Lenggeng Detention Center on Sept 28, 2012 for not having
legal documents.
The deceased was admitted to Seremban hospital on Feb
27 and died at about 2am the next day. At all times, Jesumalar was not informed
of the condition and the status of her husband’s detention.
Sargeant Shahril of Lenggeng Police Station, the
officer in charge of the case informed the family that a post mortem was
performed on the deceased on Feb 28 and the doctors had suspected that he died
of poison from rat urine and that they would conduct further tests.
On March 1, lawyer Viswanathan together with Jesumalar
and Suaram went to the Seremban Hospital to identify Krishnanantham’s body. However,
they were not allowed to do so. The Forensic Department claimed that the police
and Magistrate had not viewed the body and that a postmortem had not been
performed, a stark contrast to what Sargeant Sharil had told the family
earlier.
The family was also told that the police and
Magistrate had to be present in order for the family to view the body. In
contradiction, the questionable post mortem was later performed without the
presence of the Magistrate and the police, as confirmed by the Forensic Department.
The deceased, Jesumalar and son, Abishek had
previously made an application to be registered as refugees to the UNHCR,
however, the applications were rejected. Suaram urges the UNHCR to reassess
Jesumalar and Abishek’ application.
The family had faced imminent threat to their lives in
Sri Lanka and were forced seek refuge in Malaysia. Now their sole breadwinner
is dead and his body will not be released until a letter of release is obtained
from the High Commission of Sri Lanka, the Immigration Department and the
police.
Suaram condemns the negligence of the forensic team.
The procedural irregularities were apparent even in the presence family and
their lawyer. Suaram is gravely concerned for those who are not legally
represented who had, or will face similar fate.
Suaram demands the government to immediately conduct
an inquest into the death of Krishnanantham. Ultimately, Suaram urges the
government to immediately ratify the 1951 Convention Relating to the Status of
Refugees to protect and uphold the rights of asylum-seekers to life, safety and
livelihood.
