On 14 August 2024, the Kuala Lumpur High Court swiftly granted a stay of deportation for Egyptian human rights defender and asylum seeker, Ahmed Hassanine Mohamed Mousa, in the hearing for Ahmed’s habeas corpus application this afternoon. The court also granted Ahmed access to his lawyers, and for the purpose of completing his refugee registration application lodged on 20 October 2023, representatives from the United Nations High Commissioner for Refugees.
Suara Rakyat Malaysia (SUARAM) applauds the Kuala Lumpur High Court for this decision. Deportation would significantly threaten Ahmed’s life and freedom, as he has been arrested, tortured and arbitrarily detained* by Egyptian authorities for his involvement in peaceful protests prior to seeking asylum in Malaysia. The court decision is also crucial in enabling Ahmed to exercise his fundamental right of access to justice, which has been systematically denied by Immigration authorities whilst in detention.
The Malaysian Government has demonstrated itself to be capable of operationalising the principle of non-refoulement, via acceptance of the 29 May consent judgement to not detain or remove Bangladeshi UNHCR-registered refugee MA Quayum. Political will to improve rights of refugees and asylum seekers in the country, being evident in the state’s full acceptance of recommendations received from Canada and Germany in the Fourth Universal Periodic Review cycle to implement a legal and policy framework to recognise and protect this marginalised community. As a member of the United Nations Human Rights Council, Malaysia should lead by example by concretising these promising efforts.
SUARAM is thus hopeful to see the full compliance of the court order by the Immigration Department and Home Minister Saifuddin Nasution - by immediately ceasing any plans to deport Ahmed, alongside providing Ahmed access to his lawyers and UNHCR representatives. Such actions would be significant steps in the direction of institutionalising a more compassionate and rights-based approach towards all refugees and asylum seekers, regardless of their registration status.
Comments