Arrested Syrian may be at risk if sent back, say UN and Malaysia rights groups

UN and Malaysia rights groups are concerned over the arrest of Hassan Al-Kontar on Tuesday, urging the government to release the Syrian man on the basis that he is a refugee.

Hassan Al-Kontar, 37, was reportedly arrested and removed from Kuala Lumpur International Airport by immigration officers on Monday.

The UN High Commissioner for Refugees (UNHCR) told Arab News that they are asking the Malaysian authorities to release Al-Kontar immediately. The UN agency has had no access to Al-Kontar yet and is unable to provide further information on his current situation.

“The UNCHR has asked the Malaysian authorities to respect international laws relating to his situation, in particular, the principle of non-refoulement,” said Yante Ismail, associate external relations officer of the UNHCR Malaysia.

She added that the UNHCR is “gravely concerned” that Al-Kontar may be forcibly deported to a country where his fundamental human rights or freedom may be at risk.

Jerald Joseph, a commissioner at the Human Rights Commission of Malaysia (Suhakam), told Arab News that it had checked with the UNHCR and confirmed that Al-Kontar had refugee status and must be treated differently.

“The police arrest of Al-Kontar for whatever law he has broken, the first thing the government must do is to go through the UNHCR process,” Joseph said, adding that the government should not have rushed into detaining Al-Kontar.

“The good news that Al-Kontar is still on Malaysian soil; Malaysian government should grant him the special refugee status for Syrians,” said Joseph. The special refugee pass for Syrians is the Malaysian government’s temporary solution to address the influx of Syrian refugees due to the war in Syria.

However, Al-Kontar turned down the pass offer in April and opted for a “third-country solution” instead. Nonprofit group Caring Society are currently helping Al-Kontar to seek asylum in Canada, for which they have created a petition.

Malaysia is often seen as a transit country and is currently not a signee to the 1951 Refugee Convention.

However, Prime Minister Mahathir Mohamad gave a recent speech at the UN General Assembly in which Malaysia vowed to ratify all remaining UN conventions, including the UN Refugee Convention.

Most of the 150,000 refugees that end up in Malaysia are on a long waiting list for resettlement to a third country.

Al-Kontar reportedly will have to wait for two years to resettle in Canada.

Al-Kontar’s lawyer Andrew Brouwer did not immediately respond to an Arab News query about Al-Kontar’s current situation.

Joseph will be visiting Al-Kontar on Thursday to assess his situation.

“We will investigate the situation and check with the government with the updates on their side,” he said, adding that Suhakam will also get updates and a recommendation from the UNHCR.

“Suhakam will advise the government to comply with its mandate as a government that understands and supports the plights of refugees as the new government,” Joseph told Arab News.

“The Pakatan Harapan government must recognize the dangers of sending him back to Syria,” warned Mahi Ramakrishnan, filmmaker and refugee activist.

She told Arab News that deporting Al-Kontar to Syria would risk him being persecuted or killed.

The sentiment was echoed by told Latheefa Koya, a lawyer and politician from the People’s Justice Party, who told Arab New that Al-Kontar should not be viewed as a mere illegal migrant and detained but instead should be given protection by the Malaysian government.

The arrest was made following an allegation by the Malaysian immigration director-general Mustafar Ali, that the Syrian man was detained on Monday after entering a “forbidden area” of the airport.

He told Malaysia’s government news agency Bernama that the boarding area was supposed to be for passengers about to get on their flight, “but this man did not do so. He was situated in a forbidden zone, therefore the authorities had to take the necessary action.”

Nonetheless, he did not specify which area was the “forbidden zone” that Al-Kontar had entered.

“His statements on social media shamed Malaysia,” Mustafar told Malaysian reporters, saying that Al-Kontar had made a mockery of Malaysia to the world online.

Al-Kontar has been very active on social media, often posting to the world his daily struggle to live in an empty airport terminal. He told the media that he survived on airline meals, bathed in the disabled toilet and slept on the floor.

However, the backlash against Al-Kontar by some Malaysians started when popular social media personality Nas Daily documented Al-Kontar’s life stranded in an airport. He was shown to be “complaining” and “ungrateful” over Malaysia’s hospitality. Memes were created by viral Internet site MGAG mocking Al-Kontar, which sparked even more negative remarks by some Malaysians.

“I really hope Malaysians do not judge all Syrian and refugee communities by his actions,” Hasan Al-Akraa told Arab News. Al-Akraa is a Syrian refugee and a founder of Al-Hassan Volunteer Network based in Malaysia. He added that many Syrian refugees who are living there are thankful to Malaysia.

Al-Kontar’s situation began when his working visa was not renewed in the United Arab Emirates.

He was subsequently deported to Malaysia in January 2017, where he overstayed his three-month tourist visa.

He fled to Cambodia for asylum but was sent back to Kuala Lumpur airport on March 7. He is allegedly wanted by the Assad’s regime for failing to serve in the army.

Prior to his arrest, he had been making a home at Kuala Lumpur airport for the past seven months — real-life imitating the Hollywood movie, “The Terminal,” starring Tom Hanks.
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