ASSISTANCE TO MALAYSIAN CITIZENS ARRESTED/ DETAINED BY LOCAL AUTHORITIES ABROAD
ASSISTANCE TO MALAYSIAN CITIZENS ARRESTED/ DETAINED BY LOCAL AUTHORITIES ABROAD
The Government of countries who are a party to the Vienna Convention on Consular Relations 1963 has a responsibility to inform the Government of other party countries of the arrest / detention of its citizen as soon as it made.
However, this obligation is not always observed due to problems in communication, or there are cases where the arrested person does not want his/her Government to be informed.
In cases where the Embassy is informed of the arrest / detention of a Malaysian citizen, the Embassy will convey the information to the family / next of kin via the Ministry of Foreign Affairs of Malaysia.
In cases where the family/relative/acquaintance suspects that someone they know is arrested / detained abroad, they should make a written report to the Consular Division, Ministry of Foreign Affairs of Malaysia at the following address:
CONSULAR DIVISION
MINISTRY OF FOREIGN AFFAIRS MALAYSIA
WISMA PUTRA
NO 1, JALAN WISMA PUTRA
PRECINT 2
62602 PUTRAJAYA
TELEPHONE NO. : +603 – 8887 4000
E- MAIL : konsular@kln.gov.my
Information required for the report are as follows:
- Name of the person arrested/ detained.
- Passport and Identification Card number.
- Picture of the person
- Address / location of residence abroad
- Telephone number.
- Cause of arrest / detention
- Other information deemed relevant.
Furthermore, if the family member requires legal advice or needs to visit the arrested / detained person, the application needs to be submitted to the Consular Division, Ministry of Foreign Affairs of Malaysia. All costs incurred will be borne by the family. In cases where the sentence has been completed, the person will be deported back to Malaysia. In some countries, the cost of deportation is borne by the country concerned while in other countries, the family needs to bear the cost.
By and large, please be informed that in cases where Malaysian citizens are arrested / detained abroad, the local law of the particular country is supreme and has to be obeyed and respected. International rules and customs dictate that consular assistance from a foreign Embassy cannot override the law and regulations of the particular country. Therefore, the Embassy will try to assist the Malaysian Citizen arrested / detained as much as possible. However, the form of assistance depends on what is allowed by the host country's authorities.
In any circustances, Malaysians intending to go abroad are advised to behave properly so as to avoid any problems with the authorities.
What the Embassy can do to assist Malaysian arrested / detained:
- Contact with arrested / detained person (requires approval from local authorities before hand).
- Arrange for family / next of kin to be informed (if the detained person wishes).
- Provide a list of local doctors and lawyers.
What the Embassy cannot do:
- Give legal advice, intervene in court proceedings or provide funds to pay for your legal costs of fines.
- Do something that is against the local law to help you.
- Become involved with the host government’s affairs to get you out of prison or obtain special treatment in prison.
- Bail or pay for fines.
- Become a bailsman, guarantor or sponsor.
Furthermore, please be informed that other than those listed above, the Embassy will not:
- Help you find a job overseas
- Arrange visas, work or residence permits for other countries, or help you obtain them.
- Become involved with judicial affairs on your behalf in child custody cases in mixed marriages.
- Pay or guarantee payment of your hotel, medical or any other bills, including the cost of returning lost luggage to Malaysia.
- Act as travel agent, bank or post office or store your luggage.
- Become involved in commercial disputes or take up complaints about local purchase, etc.
- Provide interpreter, telephone or photocopy services.
- Investigate crimes in foreign countries.
- Get you better condition in hospital than a local national would receive.