Suhakam said while Malaysia must remain steadfast in combating trafficking networks, the authorities must ensure enforcement measures “do not inadvertently punish the very individuals who require protection”.

It noted that most of the survivors are believed to be Rohingya refugees from Myanmar, whose journey here was not undertaken by choice, but out of necessity and survival.

“Criminalising them dismisses the structural injustice and ongoing human rights violations that compel such dangerous journeys,” it said in a statement.

The 11 survivors were charged yesterday under Section 6(1)(c) of the Immigration Act 1959/63 with entering Malaysia without valid documentation, which provides for a fine of up to RM10,000, up to five years’ imprisonment, or both, upon conviction. The accused also face up to six strokes of the rotan.

The hearing was postponed to Dec 21 to arrange for interpreters after it was found that the 11 – nine Myanmar nationals and two Bangladeshi citizens – could not understand the charges.

Suhakam said treating the survivors as vulnerable people, not offenders, would align with the nation’s commitments to human rights, and “reaffirm Malaysia’s longstanding tradition of compassion towards people in need”.

“It is vital that national discourse does not conflate forced migration with criminal intent.

“These individuals risked their lives at sea in search of protection and dignity; they should not face prosecution for circumstances beyond their control.

“Suhakam, therefore, calls for the immediate withdrawal of the charges and urges that the survivors be provided with humanitarian assistance, protection and due process,” it said.