KUALA LUMPUR – Rights group Lawyers for Liberty (LFL) has lambasted the government over the confiscation of a cancer patient's identity card, saying the action was “undoubtedly unlawful and unconstitutional”.
Their response comes after Home Minister Datuk Seri Saifuddin Nasution Ismail defended the National Registration Department’s (NRD) action by claiming that the 65-year-old woman from Sarawak was found to be an Indonesian citizen.
In a statement, LFL director Zaid Malek said the NRD has no legal authority to summarily seize a person’s MyKad, which he described as an abuse of power, as this goes against the federal constitution.
Specifically, he said the action is in violation of Article 26B and 27 of the constitution.
Article 26B stipulates that no person shall be deprived of his citizenship if it results in their statelessness, while the latter provision states that the government must give a notice in writing informing him the ground on which why his citizenship will be stripped, and of his right to have the case referred to a committee of inquiry.
If so referred, the committee shall hold an inquiry and submit a report, which the government must consider before deciding to strip a person of his citizenship.
“The fact that the home minister made no reference to such a process having been conducted means that the government is defending a blatantly unconstitutional act by the department.
“The NRD itself has confirmed that the investigation is still ongoing, which logically means that the process under constitution has not even begun,” he said today.
In the recent case of the Sarawakian woman, Zaid said she should have been able to retain her citizenship until and unless an order for its deprivation is made in compliance with the constitution.
He added that it is particularly concerning that her identity card was confiscated as this has resulted in the cancer patient being deprived of her right to get treatment at a government hospital, which could potentially result in her death.
“The minister has a duty to ensure that the NRD abides by the law, yet has opted to give out a callous remark, justifying an indefensible action to a woman who is literally dying and now made to suffer even more due to the actions of the NRD.
“It is nothing short of cruel and heartless.
“We strongly urge the government to return the woman’s NRIC to her,” he said, adding that the government should also probe into the NRD officers responsible for seizing the woman’s identity card.
Previously on April 9, Malaysiakini had reported that the Sarawakian woman, Lina Samuel, who is suffering from colon cancer and other ailments, had her identity card confiscated by the Lawas district NRD after she attempted to change her address so she could vote in the 15th general election.
As a result of this, she said many of her doctor’s appointments and hospital visits were turned down.
She also missed multiple cancer treatment sessions, and she fears that her condition would worsen.
The following day, Saifuddin said an investigation done by the NRD found that the woman is an Indonesian citizen. – The Vibes, April 12, 2023
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