Since 2020, over 300 migrants lacking legal status have perished while in custody in Malaysia, raising fresh concerns among human rights advocates regarding the conditions of detention and the treatment of vulnerable individuals escaping violence and persecution. A recent case involves Ben Za Min, a 32-year-old from the Chin state of Myanmar, who died in late September after being apprehended during an immigration raid in northern Malaysia. He had fled Myanmar nearly five years ago following the military coup and was employed in construction while awaiting a decision on his refugee status, as reported by the New York Times. His family stated that a minor cut on his lower right leg became infected and developed into sepsis. Initially, he was taken to a hospital for treatment but was subsequently returned to detention before being readmitted shortly before his passing. His sister, Lin, expressed her belief that he did not receive adequate medical care. “I believe they regarded him as someone without documentation and treated him with a lack of respect,” she remarked. The home affairs ministry of Malaysia has yet to respond to inquiries concerning his death or the overall death toll within detention facilities.
Malaysia has tightened its immigration controls this year in response to an increase in illegal entries. The government has designated 2025 as “the year of enforcement,” leading to a rise in raids within workplaces and migrant communities. Home Minister Saifuddin Nasution Ismail stated in May that the government “will not compromise” on addressing illegal immigration. According to Fortify Rights, arrests have surged to approximately 7,000 migrants per month, more than double the figures from recent years. While Malaysia does not provide political asylum, undocumented migrants may live and work if they are recognized as refugees by the UN High Commissioner for Refugees (UNHCR). Nevertheless, activists report that even some registered refugees have faced detention. The UNHCR has documented over 211,000 refugees in the country, the majority of whom are from Myanmar. Concerns regarding overcrowding, medical neglect, and prolonged detention have been raised by rights groups, which warn that detainees are being held for extended periods in overcrowded facilities that suffer from poor sanitation, limited food, and inadequate medical care. “Detainees endure severe torture, both physical and psychological,” remarked Yap Lay Sheng of Fortify Rights. “Many are confined for extended durations in overcrowded facilities with filthy sanitation, poor ventilation, and insufficient access to clean water, food, and medical assistance.” A significant number of detainees are Rohingya Muslims who have fled what the United States and other nations have classified as genocide perpetrated by Myanmar’s military. Being stateless and unable to return home, they frequently face indefinite detention. Malaysia’s immigration department refutes claims of mistreatment and overcrowding, asserting that its 20 detention centers operate at approximately 90 percent capacity. It explained that some detainees remain in custody due to a lack of travel documents or the refusal of their home countries to accept them back. Since 2019, the UNHCR has faced restrictions on visiting most detention centers, which has hindered its ability to identify refugees or assess conditions. The department indicates that access can be obtained through an application process, emphasizing two visits that took place last year. Families are demanding accountability. Advocates contend that Malaysia’s policies are jeopardizing individuals fleeing violence, including military defectors and civilians escaping the civil war in Myanmar, which has now entered its fifth year. “It is an extremely inhumane policy to detain individuals who should be granted refugee status,” stated Ramachelvam Manimuthu, president of Malaysia’s National Human Rights Society. “There are tragic accounts: individuals suffering from illnesses in detention centers, and some who have died while in custody.” For families such as that of Ben Za Min, information remains elusive. His relatives in Myanmar have expressed that they are still unaware of when or how his injury took place. A hospital has reported that he succumbed to septic shock.
