SHAH ALAM – It is an emotional day for a family of four after Mohammadhossein Samadi – an Iranian detained for five months over a traffic violation – was released on a court order.
He will reunite with his Malaysian wife and two children, aged 5 and 7, after the high court decided in his favour following a habeas corpus petition.
Judge Datuk Mohd Yazin Mustafa ruled that Samadi’s detention by the immigration authorities on March 25 was unlawful.
His wife, who was present during the judgment hearing, could not hold back tears of joy and relief as the decision was read out.
Samadi, however, did not attend as the court rejected his request to be produced physically.
Samadi’s lawyer, Yap Boon Jhoe, told The Vibes the court made its decision to order his release on grounds of technicality, after the Immigration Department failed to obtain a remand order within the stipulated time frame.
“He was arrested on March 26. On April 8, a deportation order was issued for him. The judge had ordered that, pending deportation, he must be produced to the magistrate within 14 days for remand.
“The Immigration Department failed to do that in time. It only obtained the remand order on April 28.”
Yap said barring some formalities, Samadi, who is currently held at the Bukit Jalil detention centre, is expected to be released today.
His release will put an end to months-long suffering by his family, who have not seen him since his arrest.
Despite serving his two-day sentence for the violation and paying a RM10,000 fine, Samadi was later detained under the Immigration Act. He was transferred from Kuala Kubu Baru Prison to the Sg Bakap facility in Penang, and later to the Bukit Jalil detention centre.
On May 6, Samadi was notified by the authorities that his visa, valid until November 17, this year, had been cancelled and that he was scheduled for deportation.
In a statement, Family Frontiers, the group advocating for Samadi’s rights, said it welcomed the high court’s decisions on the habeas corpus application.
It said the ruling has prevented a potential family breakdown, which would have inevitably affected Samadi and his family.
“In upholding the federal constitution and rule of law, the high court has put an end to the trauma and uncertainty that have been on the minds and hearts of this family over these past months.”
Family Frontiers also stressed on the urgency and importance of safeguarding and protecting the personal liberties of non-citizen spouses and Malaysian children against arbitrary measures.
“We are extremely concerned over repeated events of such unlawful detention of non-citizen spouses of Malaysians in violation of the federal constitution,” it said.
The group also pointed out that, under Article 6 of the Universal Declaration of Human Rights, the right to life, liberty and security is a basic human right, while Article 5 of the federal constitution guarantees personal liberty. – The Vibes, August 24, 2021
