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Detained Legal Immigrants Face Harrowing Conditions in Malaysia, Prompting Calls for UN Intervention

2024-07-05 18:42:06.944000

Thailand has been holding more than 40 Uyghur asylum seekers in immigration detention for a decade. The Uyghurs fled dangerous conditions in China and should be freed and resettled in a third country. In 2014, Thai authorities forcibly returned 109 Uyghur men to China without giving them the opportunity to seek asylum. At least 43 Uyghur men remain in Bangkok's Suan Phlu immigration detention centre today. The conditions in Thailand's immigration detention centres are overcrowded and unhygienic, and detainees lack adequate food, water, and medical services. The Uyghurs have been denied access to lawyers, family members, and humanitarian groups. Several Uyghur asylum seekers have died in Thai detention due to lack of appropriate healthcare. The Thai government fears hurting its relations with China but is urged by a coalition of governments to release the remaining Uyghurs and allow them to travel to a safe third country. Thailand is legally bound not to send anyone to a place where they would be at risk of torture, and its own Act on Prevention and Suppression of Torture and Enforced Disappearances prohibits the expulsion, return, or extradition of a person to another state if there are substantial grounds for believing that the person would be in danger of being subjected to torture or cruel, inhuman, or degrading treatment. [b7024019]

The UN's refugee agency, UNHCR, declined offers from the Thai government to assist 48 Uyghur asylum seekers who have been detained in Thailand for over 10 years. Five of the asylum seekers are serving prison sentences, while the remaining 43 are held without charge in Bangkok's Suan Phlu immigration detention centre. The Thai government has no plans to release the Uyghurs. Internal UNHCR documents reveal that the Thai government began informally petitioning UNHCR five years ago to play a more active role in resolving the Uyghurs' indefinite detention, but UNHCR staff advised against it due to fears of angering China. The documents suggest that China's influence extends to the UN's refugee agency. The Uyghur Human Rights Project (UHRP) claims that China's growing influence over host countries undermines the recognition and protection of Uyghur refugees. The Uyghur detainees in Thailand face harsh treatment, including being barred from communicating with their families, lawyers, or other detainees. The Thai government's special rules for Uyghur and Rohingya asylum seekers have been described as forms of discrimination. UNHCR spokesperson Babar Baloch stated that the agency continues to raise the issue with Thai authorities but has not been permitted to access the group or engage with their cases. The Thai government's requests for assistance were viewed with suspicion by UNHCR, as it was believed that Thailand wanted to use the agency as a shield to deflect China's anger. The internal documents also highlight the risk of negative repercussions on UNHCR's operations in China and funding if they were to get more involved. The Uyghur detainees' continued poor treatment has led to calls for UNHCR to take more proactive steps to secure their release. The Uyghur detainees are subjected to harsher treatment than other detainees, including being constantly monitored by security cameras and being prohibited from speaking to non-Uyghur detainees. The Uyghurs' detention is categorized as a national security matter, placing them under the purview of Thailand's National Security Council (NSC) and barring them from accessing Thailand's National Screening Mechanism. The impasse in resolving the Uyghurs' detention is likely due to Thailand's reluctance to confront China and the international community. The internal documents reveal that UNHCR staff deliberated on suggestions for breaking the impasse but ultimately turned them down. The documents indicate that at least some staff were dissatisfied with UNHCR's approach. Uyghur asylum seekers in other countries have also described UNHCR as inaccessible, unresponsive, and irrelevant. The UHRP hopes that documenting these cases will encourage UNHCR to find ways to fulfill its mandate despite China's efforts to obstruct their work. [ee4aaef8]

Ousmane Sylla, a young man from Guinea, committed suicide inside an Italian migrant detention center, highlighting the squalid and chaotic conditions. Sylla had arrived in Italy the year before, paying smugglers to cross the Mediterranean. He had no visa and had been ordered to leave after admitting he lied about being a minor. His death led to riots and the arrest of 13 people. Italy's far-right government plans to build more detention centers. The centers, established in 1999, are meant to detain migrants who enter Italy without a visa and are labeled as 'socially dangerous.' Sylla's chances of being deported were minimal as Guinea has no repatriation agreement with Italy. He had expressed a desire to return to Guinea but was detained for an extended period. The conditions inside the detention centers have been condemned for human rights violations. Italy currently has 10 such centers with a capacity to hold 700 foreigners. Only 52% of migrants in detention centers are successfully expelled. Italy is also exploring outsourcing detention to third countries. Sylla's family blames the Italian government for his death and is seeking justice. Amnesty International has recently reported that migrants and asylum seekers in Italy are being unlawfully deprived of their liberty in detention centers that fall below international standards. The organization visited two detention centers in Rome and Caltanissetta and found that conditions within the centers were not in line with applicable international law and standards. The centers were extremely restrictive, with people not being able to move freely and requiring authorization and accompaniment from police. The furniture and bedding were basic, and the bathrooms were in poor conditions. Personal smartphones were prohibited. Amnesty International called on the Italian authorities to improve the conditions in the centers and to use migration-related detention only in exceptional circumstances. They also highlighted concerns about Italy's decision to build detention centers on Albanian territory. In 2023, the Italian government adopted measures to expand the use of migration-related detention, including plans for the construction of new centers and the lengthening of maximum detention time for repatriation to 18 months. Amnesty International stated that Italy's laws and practices are not compatible with international law and standards and result in violations of the right to liberty, as well as the rights to asylum, effective recourse, and legal assistance. [e7d8eefd]

Last month, a 56-year-old legal worker with a valid visa faced a harrowing ordeal after being arrested at a market in Malaysia. Around 2000 immigrants, including individuals as old as 60, were crammed into overcrowded rooms with no basic necessities. They were denied food, bathroom facilities, and medical treatment. Communication with the outside world was prohibited, and the detainees were subjected to physical and verbal abuse. The police extorted bribes from the detainees' families and friends. After 10 to 15 days, those with legal visas were released, but their passports were withheld until they paid bribes. The Malaysian government's systematic abuse and denial of basic human rights to detainees violate international standards. A plea has been made to the United Nations to conduct an immediate investigation, hold the Malaysian government accountable, provide support to the victims, and implement necessary reforms to prevent further abuses. [3f1337f7]

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