The Malaysian authorities’ arrest of Rayhan who was featured in an Al Jazeera documentary was clear retaliation for his criticism of government policies towards migrants, said a HRW statement published in its website. 

The authorities arrested Kabir on July 24, 2020 and ordered his detention for 14 days “for investigation.”

The director-general of immigration announced that Kabir “will be deported and blacklisted from entering Malaysia forever.” It is not clear whether he will also face criminal charges.

“The Malaysian authorities’ actions against Kabir send a chilling message to all migrant workers that speaking out about rights abuses risks arbitrary arrest, deportation, and blacklisting,” said Phil Robertson, deputy Asia director.

“The arrest of a source in a documentary adds to the devastating assault on free speech and media freedom in Malaysia.”

Kabir was featured in an Al Jazeera documentary that aired on July 3 about the treatment of migrant workers in Malaysia during the Covid-19 pandemic lockdown.

The government targeted both Kabir and Al Jazeera, with the news agency now facing potential charges of sedition, defamation, and violation of the Communications and Multimedia Act. Al Jazeera is also facing charges that it failed to obtain a license to make the film in an unprecedented use of Malaysia’s outdated National Film Development Corporation Act.

On the day of his arrest, Kabir wrote to a journalist saying, “I did not commit any crime. I did not lie. I have only talked about discrimination against the migrants. I want the dignity of migrants and my country ensured. I believe all migrants and Bangladesh will stand with me.”

Kabir’s treatment by the authorities has raised important due process concerns, Human Rights Watch said.

After the documentary aired, the authorities widely circulated a “search notice” that included his photo, name, and address, putting him at risk in an environment increasingly hostile to migrants.

A few days later, the inspector-general of police announced to the media that the immigration department had revoked Kabir’s work permit.

This, along with the announcement that he would be deported and blacklisted, was made without Kabir receiving notice or having an opportunity to be heard.

The government’s public attacks on Kabir, at a time of rising xenophobia in Malaysia, serve to fan the flames of intolerance, Human Rights Watch said.

International human rights protections normally apply to non-nationals as well as citizens, including the rights to freedom of expression and due process.

The arrest of Kabir and investigation of Al Jazeera are part of a larger crackdown on freedom of expression and media freedom in the country, with numerous journalists, civil society activists, and ordinary citizens facing investigation and prosecution for speech critical of the government.

“Speaking to the media about the treatment of migrant workers is not a crime, nor is reporting on such abuses,” Robertson said.

“The Malaysian government should release Kabir and engage with the criticism to improve respect for human rights in the country.”