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 Ministry of Foreign Affairs Malaysia is informed of the arrest / detention of a Malaysian citizen, the Ministry will convey the information to the family / next of kin.
If the family/relative/acquaintance suspects that someone they know is arrested / detained abroad, make a written report to the Consular Division at the following address:
MINISTRY OF FOREIGN AFFAIRS MALAYSIA
WISMA PUTRA, NO 1, JALAN WISMA PUTRA
PRECINT 2, 62602 PUTRAJAYA
TELEPHONE NO. : +603 – 8887 4000
E- MAIL : firstname.lastname@example.org
Among the 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.
The Consular Division will seek assistance from the Consulate General of Malaysia in Karachi to investigate the case. The family will be informed of the result of the investigation.
In cases where Malaysian citizens are arrested / detained abroad, the ability of the Ministry to give assistance is limited. The law of the particular country where a Malaysian is arrested / detained is supreme and has to be obeyed and respected. International rules and customs dictate that consular assistance from the Consulate General of Malaysia in Karachi cannot override the law and regulations of the country.
The Ministry of Foreign Affairs Malaysia and the Consulate General of Malaysia in Karachi will try to assist to the greatest extent possible Malaysian Citizen arrested / detained. However, the form of assistance depends on what is allowed by the host country authorities. Bear in mind that sometimes the ministry may have little or no power at all to help. Therefore, Malaysians intending to go abroad are advised to behave properly so as to avoid any problems with foreign local authorities.
What we can do to assist Malaysian arrested / detained:
o Contact with arrested / detained person.
o Arrange for family / next of kin to be informed if you wish.
o Give you advice and guidance with the primary aim of helping you to help yourself.
o Provide a list of local doctors and lawyers.
What we cannot do:
o Give legal advice, intervene in court proceedings or provide funds to pay for your legal costs of fines.
o Do something that is against the local law to help you.
o Become involved with the host government’s affairs to get you out of prison or obtain special treatment in prison.
o Bail or pay for fines.
o Become a bailsman, guarantor or sponsor.
Other than those listed above, the Ministry of Foreign Affairs Malaysia as well as the Consulate General of Malaysia in Karachi will not:
o Help you find a job overseas
o Arrange visas, work or residence permits for other countries, or help you obtain them.
o Become involved with judicial affairs on your behalf in child custody cases in mixed marriages.
o Pay or guarantee payment of your hotel, medical or any other bills, including the cost of returning lost luggage to Malaysia.
o Act as travel agent, bank or post office or store your luggage.
o Become involved in commercial disputes or take up complaints about local purchase, etc.
o Provide translation, interpreter, telephone or photocopy services.
o Investigate crimes in foreign countries.
o Get you better condition in hospital than a local national would receive.
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. All costs incurred will be borne by the family.
After completion of sentence (if found guilty), the person will be deported back to Malaysia. In some countries, cost of deportation will be borne by the country concerned while in other countries, the family needs to bear the cost.
If the cost of deportation has to be borne by the family, deposit the required amount to the Consular Division. An official receipt will be issued to the depositor.
The family member will be informed of the details of arrival.