The Attorney General's Chambers has decided not to press charges against the 164 Burmese Chin immigrants who have been under remand since Jan 17 for demonstrating outside the Burmese embassy in Kuala Lumpur.

Malaysiakini learnt that DPP Sarala Pillai was instructed by the AG Abdul Gani Patail last night to drop the charge of illegal assembly and ask the High Court to release the 164 from police custody.

Lawyer Edmund Bon, who had represented the Burmese in seeking a revision of the ten-day remand which they claimed was "illegal and excessive," said after leaving judge Mohtarudin Baki's chambers with Sarala that "all charges had been dropped".

The 164 were arrested last Monday after failing to adhere to the police's order to disperse while protesting against the Burmese government's alleged persecution of the predominantly Christian community of Chin in their country.

Likely in Semenyih

Later, Amer Hamzah Arshad of the Bar Council's legal aid center who was also providing assistance to the Burmese, said there were 13 or 14 Burmese who held protection letters from the United Nations High Commissioner for Refugees (UNHCR) recognising them as persons seeking asylum in Malaysia.

The remaining 150 or 151 are without proper travel documentation, and may in all probability be deported to their homeland after undergoing a short detention in Semenyih.

When contacted, however, a UNHCR protection officer confirmed the information pertaining to the transfer to the Immigration Department, but said there was only the probability of the Burmese being placed in Semenyih, as this was the closest detention center in terms of proximity.

"The AG's chambers did inform us that the 164 would be handed over to the immigration authorities, but as for their transfer to Semenyih, we don't have this information yet," said the officer.

"There is a high probability that it will be Semenyih as it is the closest. But there are 11 (detention) centers in the country," she added.

"Our priority right now would be to inform the authorities of the status of those who have registered with us (as refugees seeking asylum). We will also request access to the others to determine whether or not they are of concern to the UNHCR, and will work to ensure they are not deported until we can arrange for their resettlement in another country."

Cautionary note

Commenting on his countrymen's release, one Chin community leader, known only as Pau, thanked the authorities for understanding the plight of the Burmese refugees.

"It's good that the Malaysian authorities understand our situation and we are very thankful for that."

Despite lauding the release of his fellow Chin from the Jalan Hang Tuah prison, community leader Salai San Aung added a cautionary note to the "good news" by expressing concern that they might still be deported back to Burma.

"It is good news, but if they are sent to Semenyih, they could still be deported to Thailand and then on to Burma. I'm still not completely at ease (with their situation)," he said when contacted.

The Burmese military regime has long been accused of rights and political abuses ever since it assumed power in 1962.

The most internationally condemned incidents being the killings of pro-democracy demonstrators in 1988 and the continued imprisonment of democracy icon Aung San Suu Kyi.