Consular assistance to Malaysians detained abroad does not grant immunity, says legal expert
KUALA LUMPUR, Aug 19 — Malaysians are reminded that consular assistance provided by Malaysian embassies or High Commissions to citizens detained abroad does not grant them immunity from the laws of the host country.
Instead, the consular role is to ensure that the detainees’ welfare and rights are protected, said Universiti Teknologi MARA (UiTM) Shah Alam, Faculty of Law, Advocacy and Dispute Resolution Centre head Mimi Sintia Mohd Bajury.
“The consular function is to safeguard the detainee’s wellbeing, help contact their families and facilitate access to legal aid.
“Consular officials also monitor court proceedings to uphold the accused’s right to a fair trial, in accordance with the host country’s laws.
“Being a foreign national does not mean a person can be denied their basic rights,” she said today during Bernama TV’s FOKUS 15 programme titled ‘Crossing Borders: The Legal Rights of Citizens from an International Perspective’.
Mimi Sintia highlighted that Malaysians detained or investigated overseas have rights under international law, including the right to be informed of the reason for their detention, access to legal counsel, fair treatment and consular assistance.
“Malaysian passports only establish citizenship. However, when we are in another country, such as Singapore, Indonesia, or Thailand, our actions are subject to their laws,” she said.
She also advised Malaysians travelling or conducting business abroad to understand and comply with the laws of the countries they visit, and also not to carry items on behalf of strangers.
“It is important for Malaysian travellers abroad to know local laws and available support channels to ensure their safety and rights are protected,” she added.
