Letter to the Minister of Health : Detention Places, Deaths, Leptospirosis

15^th November, 2009

Minister of Health
Kementerian Kesihatan Malaysia
Block E1, E6, E7 & E10, Kompleks E,
Federal Government Administrative Centre,
62590 Putrajaya, MALAYSIA

Dear Sir,

We have recently been informed that 2 Burmese Migrants, who were detained at the Lenggeng Detention Centre recently died at the Seremban Hospital by reason of disease. We seek clarification as to what was the said disease? Was it again Leptospirosis.

One of the deceased was allegedly Aung Myo Lwin [Camp Body Number: 22157], who died on 22/10/2009. Hospital did not say what disease he died from. He was buried on 29/10/2009. The other deceased was allegedly buried on 28/10/2009.

Please find enclosed also a Joint Statement of 21 organizations and groups, from all over the world, dated 25/9/2009, entitled “Leptospirosis Causes Death Of Another 6 Burmese In Detention In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life”

We are concerned about the report of recent deaths of 6 migrants at the KL International Airport (KLIA) depot.

We note that this is the 2nd time that this is happening. In May 2009, 2 persons in the Juru Detention Centre, in Penang, Malaysia. We refer you to our earlier letter dated 25/5/2009, which also enclosed the Joint Statement of 113 organizations and groups, from all over the world, dated 23/5/2009, entitled “Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life” [To date, 127 organisations have endorsed this statement]

The statement speaks for itself, and if there is need for further information and clarification, feel free to contact us [Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-237100/300]

Kindly acknowledge receipt, and we expect your response. We note sadly that there was no response to our letter of 25/9/2009, and wish to state that this reflects very badly on your good self, the Ministry of Health and the government of Malaysia. As such, we hope that you will take the time to respond this time.

We would like to know whether there was an investigation conducted by the Ministry and/or its departments as cause of the contamination that resulted in the death by Leptospirosis.

We would also appreciate statistics as to the number of deaths of detainees in places of detention, and the causes of the deaths.

With regard to Leptospirosis, we would like the Malaysian statistics of persons infected by Leptospirosis and the number of deaths, and also the same statistics with regard to prisons, detention centers of undocumented migrants.

We would also like to know the steps being taken by the Government of Malaysia, your Ministry, the Public Health Department and/or other relevant bodies to ensure proper hygine, cleanliness, and most importantly how prompt and effective healthcare is to be provided at places of detention to prevent unnecessary deaths.

If you are unable or unwilling to provide the said information, kindly revert to us as to the reasons why. We hope that you will promptly respond to this letter.

Thank you.

In solidarity,

Charles Hector

For and on behalf of the organizations that have endorsed the said Statements.

Lot 3585A, Kampung Lubuk Layang,
Batu 3, Jalan Mentakab,
28000 Temerloh,
PAHANG, Malaysia
Tel: 019-2371 100/300

26 Groups :- LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA - DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

Joint Statement - 25/9/2009 (Updated on 5/11/2009)

LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We are shocked and disappointed to hear that another six Burmese migrants have died while in detention in Malaysia because of a suspected waterborne disease. Leptospirosis is caused by exposure to water contaminated by animal urine, like rat urine. (Straits Times, 25/9/2009, Migrants die in detention/ Associated Press, 24/9/2009).

From our investigation, the names of 3 of those who have died are So Thein [Prison Body number 0853, Block B1, Ethnicity: Burman, Age: 36], Min Khaing [Body number 5009, Ethnicity: Karen, Age: 23] and Min Nown [Ethnicity: Arkan, Age: 28]. The other 3 are of Chin ethnicity. It seems that the deaths happened in August.

This time the deaths seem to have occurred at the Detention Centre at the KL International Airport (KLIA) depot. The Straits Times report states that an official had informed them that ‘…the detainees likely contracted the disease in another centre. They were transferred together with some 700 others after a riot there...’. In an earlier report (Star, 24/7/2009), it was stated that ‘…some 700 Myanmar illegal immigrants involved in a ruckus at the Semenyih immigration depot early this month have been moved to the department’s KL International Airport (KLIA) depot…’

It must be noted that this is not the first case of death by reason of Leptospirosis. Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, died in the Malaysia ’s Juru Immigration Detention Centre from Leptospirosis in May 2009. 127 civil society groups and organizations responded vide a joint statement entitled ‘Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life’.

Complaints were also lodged with the Malaysia’s Human Rights Commission (SUHAKAM), Malaysian Prime Minister Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak,, Minister of Home Affairs Datuk Seri Hishammuddin Tun Hussein, and the Minister of Health Dato' Sri Liow Tiong Lai,

After that Leptospirosis outbreak in the Juru Detention Centre in Penang in May, the Immigration Director-General Abdul Rahman assured us that the cleanliness and hygiene at immigration depots nationwide will be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases (Bernama, 19/5/2009).

SUHAKAM also vide letter dated 16/7/2009 had informed us that they had met with the Director General of Immigration on 4/6/2009, and amongst others, had recommended that ‘… as a measure to control contagious diseases to ensure that all immigration detention centres should have a doctor or medical officer in line with international requirements, and that cleanliness of detention centres should be taken care of.’

It must also be borne in mind that last year SUHAKAM identified medical care as an overriding reason why 1,300 detainees have died over the past six years, and had made recommendations to the government. At present the 22 centres throughout Malaysia do not have a permanent clinical dispensary manned by doctors or a medical assistant to help detainees. (ABC News, 28/5/2009)

In May 2009, it was reported that about 26 were admitted to hospital following a Leptospirosis outbreak in the Juru Detention Centre, and they survived, and this leads us to believe that prompt access to healthcare can avoid death. It is shocking that in this recent case, 6 have died. What is more disturbing is that there seem to have been no reported disclosure by the Malaysian authorities on this. We still do not know the number of detainees that have been affected this time.

This is a disease caused by exposure to water contaminated with the urine of infected animals, and is very rarely propagated through contact with affected persons. Question must be raised as to how detainees in an enclosed detention centre are contracting this disease. Are they being affected through the food and water supplied by the detention centres? Are the detention centres having a rat infestation problem?

After the recent deaths and outbreak in the Juru Detention Centre, one would have expected the Malaysian government to have taken immediate steps to ensure that there are no more cases of Leptospirosis outbreak and deaths. We wonder also whether the authorities took a lackadaisical attitude, and did not even conduct a thorough investigation to determine the source of the contamination that caused that outbreak. Results of such investigations will not only determine liability, but would also ensure that further deaths from Leptospirosis could be avoided.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia. It was sad that SUHAKAM decided not to carry out a public inquiry after the Juru deaths in May.

We are also call upon the Ministry of Health and the government of Malaysia to conduct a thorough investigation into the cause of this Leptospirosis outbreak, which is reported to have already resulted in 6 deaths.

We also call for the resignation of Immigration Director-General Abdul Rahman, considering that this is second reported case of deaths by reason of Leptospirosis at Immigration Detention Centres within the last 4 months.

The Malaysian government must take necessary action to ensure that proper steps be taken so that such disregard for life does not happen again.

With regard to those who have died, their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

Charles Hector

Pranom Somwong

Tun Tun

For and on behalf of the 26 organizations/groups listed below:-

Asian Migrant Centre (AMC)

Burma Campaign, Malaysia

Clean Clothes Campaign -International Secretariat

Committee To Protect Vietnamese Workers

Coordination of Action Research on AIDS & Mobility (CARAM - Asia)

FIDH - International Federation for Human Rights

Khmer Kampuchea Krom Human Rights Organizatio (Cambodia)

Legal Support for Children and Women (LSCW) Cambodia

MADPET (Malaysians against Death Penalty and Torture)

Malaysian Trades Union Congress (MTUC)

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Mekong Ecumenical Partnership Program-MEPP

Migrant Forum in Asia (MFA)

National League for Democracy [NLD (LA)], Malaysia

Network of Action for Migrants in Malaysia (NAMM)

Nepal Institute of Development Studies (NIDS) Nepal

Parti Rakyat Malaysia (PRM)

Persatuan Kesedaran Komuniti Selangor

Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)

Pusat Komas

The Shan Refugee Organization (SRO) Malaysia

Thai Action Committees for democracy in Burma (TACDB)

The Action Network for Migrants (ANM) Thailand

WARBE Development Foundation, Bangladesh

Workers Hub for Change (WH4C)

Letter to SUHAKAM - Healthcare & Death of Migrants in Detention Centres

16th November, 2009

THE HUMAN RIGHTS COMMISSION OF MALAYSIA
Level 29, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur

Dear Sir,

We have recently been informed that 2 Burmese Migrants, who were detained at the Lenggeng Detention Centre recently died at the Seremban Hospital by reason of disease. We seek clarification as to what was the said disease? Was it again Leptospirosis.

One of the deceased was allegedly Aung Myo Lwin [Camp Body Number: 22157], who died on 22/10/2009. Hospital did not say what disease he died from. He was buried on 29/10/2009. The other deceased was allegedly buried on 28/10/2009.

Please find enclosed also a Joint Statement of 21 organizations and groups, from all over the world, dated 25/9/2009, entitled “Leptospirosis Causes Death Of Another 6 Burmese In Detention In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life”

We are concerned about the report of recent deaths of 6 migrants at the KL International Airport (KLIA) depot.

We note that this is the 2nd time that this is happening. In May 2009, 2 persons in the Juru Detention Centre, in Penang, Malaysia. We refer you to our earlier letter dated 25/5/2009, which also enclosed the Joint Statement of 113 organizations and groups, from all over the world, dated 23/5/2009, entitled “Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life” [To date, 127 organisations have endorsed this statement]

The statement speaks for itself, and if there is need for further information and clarification, feel free to contact us [Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-237100/300]

Kindly acknowledge receipt, and we expect your response.

We note sadly that there was no response to our letter of 25/9/2009 to the Minister of Health, and wish to complain about the inaction and lack of response of the Minister of Health, and the government of Malaysia.

We would like to know whether there was an investigation conducted by the Ministry and/or its departments as cause of the contamination that resulted in the death by Leptospirosis.

We would also appreciate statistics as to the number of deaths of detainees in places of detention, and the causes of the deaths.

With regard to Leptospirosis, we would like the Malaysian statistics of persons infected by Leptospirosis and the number of deaths, and also the same statistics with regard to prisons, detention centers of undocumented migrants.

We would also like to know the steps being taken by the Government of Malaysia, your Ministry, the Public Health Department and/or other relevant bodies to ensure proper hygine, cleanliness, and most importantly how prompt and effective healthcare is to be provided at places of detention to prevent unnecessary deaths.

SUHAKAM has the requisite authority to visit places of detention, and to inquire into this matter. Attention is also drawn to the Aljazeera 101 East program that highlighted the bad conditions of Detention Centres for undocumented migrants that was screened on 15/11/2009.

It is time for SUHAKAM to hold a public inquiry, and to thereafter make concrete recommendations to the Malaysian government, and the relevant Ministries/Departments as to what need to do with regard to healthcare and the general state of detention places. The obligation to investigate root causes of diseases like Leptospirosis, and to do the needful to take action against those responsible for the conditions that led to inmates getting sick need to be stressed. The obligation of the Ministry of Health, and the Public Health Department to ensure continuous cleanliness and hygiene of places of detention must be stressed. The obligation to inform about the nature of the disease that has caused death to the deceased family/friends and the public should also be stressed.

We also would like SUHAKAM’s response and action with regard to this matter. We appreciate SUHAKAM’s letter dated 16/7/2009 in response to the Juru deaths.

A prompt response would be appreciated.

Thank you.

In solidarity,

Charles Hector
For and on behalf of the organizations that have endorsed the said Statements.

Lot 3585A, Kampung Lubuk Layang,
Batu 3, Jalan Mentakab,
28000 Temerloh,
PAHANG, Malaysia
Tel: 019-2371 100/300

* Note a letter was also sent again to the Minister of Health, which was copied to the Prime Minisiter of Malaysia and SUHAKAM (Malaysia's Human Rights Commission)

Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres

Malaysian Bar Council
Press Release

Deaths of migrants in prisons, rehabilitation and detention centres

The Malaysian Bar is disturbed about the high number of migrants who have died while in custody.

In July 2009, the Dewan Rakyat was told that some 2,029 persons died in prisons, rehabilitation centres and immigration detention centres between 2002 and 1 June 2009. More recently SUHAKAM Commissioner Datuk Siva Subramaniam was quoted as saying that 1,300 foreigners died in detention within the past six years. The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day!

The authorities should conduct a thorough investigation to identify the underlying causes for this large number of deaths. Brushing off these deaths as being due to illness, asthma or suicide is unacceptable. When individuals are placed in custody and denied their freedom of movement, the detaining authority is responsible for their well-being and care. The detaining authority has a duty of care towards all such individuals, which is a responsibility that should be taken very seriously.

In the event of a death, the questions that should be asked include whether the death could have been avoided, and whether the authorities were negligent in fulfilling their duty of care.

In order to address the worrying situation of deaths of migrants in custody, we call on the authorities to:

i. Take greater care to regularly monitor the health of all those in custody, especially those held in immigration detention centres. This will involve conducting regular medical check-ups and allowing the detainees easier access to medical personnel and facilities;
ii. Give serious attention to health-related complaints made by the detainees;
iii. Conduct an inquest each and every time there is a death in custody;

iv. Reprimand and take disciplinary action against all staff members who, through neglect or indifference, fail to prevent a death from occurring;
v. Give lawyers and family members greater access to detainees and detention centres; and
vi. Monitor those in custody more carefully, including the use of closed-circuit surveillance and more regular patrols.

In addition, one concrete step to reduce instances of neglect and abuse and to improve conditions in detention centres is to set up a Board of Visitors in each and every detention centre. The establishment of such Boards, which would have the power to conduct unannounced visits, will demand greater accountability from the system. It will compel the detaining authorities to upgrade their facilities, become more transparent in their operations and be more vigilant regarding what is happening within the detention centres.

The reports of deaths of migrants in custody are not new. Migrants, especially those in custody, are extremely vulnerable. They are more cut off from their families and community than Malaysians held in custody, hence there is an urgent need to take immediate measures to ensure that their welfare is protected and nothing untoward happens to them.

The Malaysian Bar also reiterates its call for open inquests to be held promptly and expeditiously to determine the cause of death of any person in custody.

The litmus test of how civilised we are as a nation is measured by the treatment we accord those who are most defenseless and vulnerable among us.

Dato’ M. Ramachelvam
Chairperson
Law Reform and Special Areas Committee
Bar Council

18 November 2009

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No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
E-mail: council@malaysianbar.org.my
Website: http://www.malaysianbar.org.my

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