Lawyers group slams JPN for seizing woman's IC

Lawyers group Lawyers for Liberty (LFL) today hit out at the National Registration Department (JPN) for seizing the identity card of a cancer patient in Sarawak on the grounds of investigating her citizenship, saying there are constitutional procedures in place for any such measures. 

LFL director Zaid Malek said JPN had no right to confiscate anyone's IC irrespective of the investigation being carried out. 

"The seizure of the NRIC of the individual was without a doubt an unlawful and unconstitutional act by JPN for which there can be no justification," he added. 

"It is a serious abuse of power as it an act that deprives victims of their citizenship and their rights attached to it."

Home Minister Saifuddin Nasution Ismail had defended JPN's action, saying investigations had showed that the woman was an Indonesian citizen. 

However, LFL said the Federal Constitution clearly lays out the procedures to be followed if the government intends to strip a person of his or her citizenship, including notice in writing and an inquiry and report. 
 
"Above and beyond that, Article 26B states that no person shall be deprived of their citizenship if it results in their statelessness.
 
"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 JPN. 

"JPN itself has confirmed that the investigation is still ongoing, which logically means that the process under the constitution has not even begun. Thus, the individual retains their citizenship until and unless an order for its deprivation is made in compliance with the constitution – yet her NRIC was taken away and her rights are now affected, most worrying of which was her right to get treatment for cancer at government hospitals."

In a statement, LFL said it was Saifuddin's duty to ensure JPN complied with the law. 

"Yet he has opted to give out a callous remark, justifying an indefensible action to a woman who is literally dying and is now made to suffer even more due to the actions of JPN." 

It also urged the government to return the woman's IC, saying it is her right to hold it until and unless an order of deprivation of citizenship is made in compliance with the constitution.
 
"We also urge the government to immediately investigate and take action against anyone in JPN implicated in the decision to confiscate the woman’s NRIC in flagrant disregard of the constitution."