Phil Robertson, the deputy director of Human Rights Watch, said it was all the more unacceptable that the government was not clear about Syed Fawad Ali Shah’s fate.
Fawad, who has UNHCR refugee status, had been here since 2011 after being persecuted over his writing critical of the Pakistani government. He has gone missing since August. Police and immigration authorities have yet to respond to FMT’s queries over the matter.
“Until Malaysian authorities come clean on what they did or did not do, the presumption that Malaysia engaged in an enforced disappearance cannot be counted out,” Robertson told FMT.
“As a person of concern to the UNHCR, he should be protected and, quite clearly, the Malaysian authorities are failing to do that. It’s outrageous and unacceptable that the authorities are not giving a clear answer.”
He said if the authorities can credibly show that Fawad was not detained, then there should be an urgent investigation to find him, including the possibility that Pakistan had something to do with his disappearance.
“Pakistan is well known for persecuting critical journalists so there needs to be urgent attention to his case to ensure his rights are protected,” he said.
Wathshlah Naidu of the Centre for Independent Journalism said Fawad’s refugee status meant he ran the risk of being attacked in his home country.
“In deporting the journalist, Malaysia is likely sending him back to a state that may persecute him for his legitimate activity as a journalist,” she said.
“Malaysia, as a member of the UN Human Rights Council, has again failed to uphold customary international law on non-refoulement.”
Naidu said international protection must be granted to those under threat from persecution or likely to face torture, enforced disappearance and even death.
“Journalists who report on matters that are critical of their government are often targeted and persecuted, including by the use of laws which criminalise expression and speech,” she said.
A UNHCR spokesman in Kuala Lumpur said refugees and asylum seekers cannot be returned to their countries of origin.
He said the office was unable to look into detention camps to verify those with refugee status or those who had sought asylum to prevent their deportation.
“With the recent developments on deportation, there is an even greater concern that there remain in detention a number of individuals, including highly vulnerable persons, whose refugee status has not yet been verified and requires our attention.
“UNHCR has not received approval from the immigration authorities to access immigration detention centres since August 2019 despite continuous advocacy from us and others on this matter,” he said.