Malaysia Child Trafficking for Adoption Bust UPDATED

This is our fourth post on Malaysian Child Trafficking.

“MALAYSIAN police said they have broken up a child trafficking syndicate and rescued 21 children and babies.

Police in the northern state of Penang said they arrested 43 suspects, at least 20 of them women, in a nationwide operation which began late last December.

“The babies and children were aged between a month and nine years,” Penang police chief Rahim Hanafi said in a statement on the force’s Facebook page.

Reports also cited him as saying in an earlier press conference that police made raids Thursday night in six states and the capital Kuala Lumpur.

“We are also working closely with Interpol on a few of the children believed to have been taken to neighbouring countries,” Friday’s The Star newspaper quoted Rahim as saying.

Malaysian police have in recent years broken up several other child trafficking syndicates, nabbing Malaysians and Indonesians who bought children from poor women and sold them on for as much as $A5,880.

The suspects face jail terms of between three to 20 years.”

Malaysia busts child trafficking syndicate

[The Australian 2/22/13]

“It was a heart-wrenching scene when 45 adoptive parents detained in a child trafficking case were brought to the magistrate’s court here.

As they were being led into the building, about 100 family members surged forward to catch a glimpse of their loved ones yesterday.

One family member hugged a relative who was in handcuffs and wept before policemen escorted her away.

Tears kept flowing from some of the detainees as lawyers approached them to offer legal help.

About 10 lawyers, including those from the Legal Aid Bureau, were present at the courthouse.

The 45 people were picked up to assist investigations into a Penang-based syndicate.

On Friday, police announced that the syndicate, which stretched to other states, had been busted with the rescue of 21 children aged between one month and nine years and the arrests of 43 people. Two more women were picked up yesterday.

Butterworth Court registrar Ahmad Faiz Md Zain issued a four-day remand order till Tuesday for the detainees, whose ages ranged from 27 to 57.

Investigating officer Asst Supt Rusnah Saidin applied for the order to carry out investigations under Section 14 of the Anti-Human Trafficking Act, which carries a jail term of between three and 20 years and a fine upon conviction.

Police also obtained an interim protection order for two babies. The two babies, who were said to have been “just rescued”, were also brought to court.

Meanwhile, police have rescued a two-month-old baby in Selangor, bringing the total number of babies “rescued” to 22.

Penang police chief Deputy Comm Datuk Abdul Rahim Hanafi said they also detained a 32-year-old woman in USJ, Selangor under Ops Pintas Sayang II at about 1.15pm on Friday.

In KLUANG, Home Minister Datuk Seri Hishammuddin Hussein said the Government would work with its regional counterparts, including China, to stamp out child trafficking syndicates.

He pointed out that he was keeping an eye on the issue to ensure that such activities would cease soon.”

Adoptive parents in child trafficking case remanded

[The Star 2/24/13 by Derrick Vinesh, Mohd Farhaan Shah and Winnie Yeoh]

REFORM Puzzle Piece

Update: “The magistrate’s court here has granted an order for two children in the baby-trafficking case to be released and be in their parents custody.

The order under section 53(5) of the Anti-Trafficking In Persons Act 2010 stipulates the children must be with their guardian/parent on condition that they provide a security of RM5,000 for each child.

The order also states that the children cannot be taken out of the jurisdiction of this court.

The children will be under police supervision and will reside with their parents.

The children are a nine-year old boy and nine-month baby girl.

The court also issued an order under section 58 of the same Act that the identity and photos of the parents and child not to be published in the media.”

Court releases 2 children in baby-trafficking case to adoptive parents

[The Star 2/27/13 by Simren Kaur]

Update 2: “Five couples have applied to the magistrate’s court here to seek custody of their adopted children who are the subject of an alleged child trafficking ring.

But they have been told to wait for another month before the court can hear their applications as a welfare report is being prepared by the authorities.

Lawyer Nizam Bashir, who represented the five couples, had applied for the children, aged between three months and three years old, to be released to the care of their adoptive parents.

“The children have been away from their parents since January 16 and keeping them away from their parents is not in the best interest of the children,” he told the court in his application.

Welfare officer Marzuana Ismazira then applied to the court for more time to prepare reports on the investigation into the case and also on the background of the parents.

“We only receive the counsel’s application last Friday so we need more time to prepare the reports,” she said.

To this, Nizam asked the court to grant an interim order today to direct the Welfare Department to prepare the reports today.

He said he was making the application under section 53 of the Anti-trafficking of Persons Act 2007 which requires decisions to be made in the best interest of the children.

“These children need the care of their respective families,” he said.

Magistrate Ariff Mohamad Shariff said the Welfare Department needs time to complete the reports and gave it one month.

“If I fix the hearing before they complete the reports, the case will still be postponed so I will give them one month to prepare it,” he said and fixed April 23 to hear the application by the parents.

The children, who are now at a home in Johor, were placed under protective custody until April 29 pending the child trafficking cases being heard in court.

Outside the courtroom, Nizam said the parents are worried about the welfare of their children.

“They don’t even get the chance to visit the children as they are from Penang and Perak while the children have been placed in a home in Johor,” he said.

He said separating the children from the only parents they have ever known was not in the best interest of the children’s welfare.

“These are real human lives, not a case item like a stolen motorcycle which they can keep and leave in storage until the case is over in court,” he said.

Last month, the magistrate’s court had granted custody of two of the children involved in a similar case to their parents who had made similar applications through the court.

In January, the police busted a child trafficking syndicate involving 10 children aged from two months to eight years old and arrested 36 people from Penang, Kedah and Perak.

All of the children were “rescued” and placed under protective custody.

Last month, a Penang-based syndicate was busted and 21 children were “rescued” while 45 people, including the adoptive parents, were arrested.”

Parents apply for custody of adopted children in child trafficking case

[The Malaysian Insider 3/18/13 by Opalyn Mok]

Update 3: “The adoptive parents of nine children from a baby trafficking syndicate will have their petitions to get the children back heard at a magistrate’s court in Bukit Mertajam on Monday.

Penang Health, Welfare, Caring Society and Environment Committee chairman Phee Boon Poh said the nine petitions were for the first group of 28 children who were rescued by the police.

“The petitions are for the children to be released back to their adoptive parents who love them, pending police investigations.

“Both the adoptive parents and the children were victims,” he said yesterday.” [But the original families weren’t victims?]

Petitions to get trafficked kids back to be heard

[The Star 4/6/13]

Update 4:”Tears flowed and emotions ran high as the magistrate’s court here allowed adoptive parents to take home 28 children rescued from a baby-trafficking syndicate.

The parents were granted conditional interim custody.

Before the proceedings started, the tearful petitioners who entered the courtroom at about 10.30am, were seen waving and trying to attract the attention of the children, some who were carried in by welfare officers.

The bus ferrying the children arrived an hour earlier and was greeted by the group of more than 30 adoptive parents and family members outside the court complex.

An excited parent who couldn’t contain his excitement lunged forward to hug and kiss a toddler, catching the welfare officer carrying the baby by surprise.

The children were then brought into a waiting room before the proceedings started.

Even after the petitions were granted, groups of anxious parents were spotted outside the courtroom asking their respective counsel if they could really take the children home.

Magistrate Arif Mohamed Shariff made the order under Section 53(5) of the Anti-Trafficking In Persons Act 2007, which allows the children to be with their guardian/parent.

The adoptive parents had applied for the petitions in court for the children to be released to them, pending police investigations.

The children, aged between a few months and eight years, were previously under the care of the Welfare Department in Johor.

Counsel for four of the petitioners, Jason Khor, said his clients were granted interim custody and protection orders subject to several conditions.

“They can take the children home today.

“However, guardianship rights have been given to the welfare officer for two years,” he said, adding that the adoptive parents must notify a welfare officer of any change in address and that the latter would also have visitation rights at any time.

He said the adoptive parents must report to the nearest welfare office on a monthly basis.

Khor said the children must be properly adopted in accordance with the legal process in two years. Failure to adhere to any of the conditions could result in the order being revoked.

Three of the parents, when approached, refused to comment.

State Health, Welfare, Caring Society and Environment Committee chairman Phee Boon Poh said all assistance would be given to the families to formalise the adoption process.

It was reported on Feb 23 that 45 people had been arrested after the Penang-based child trafficking syndicate was busted.

On Feb 27, the magistrate’s court also allowed two children, a nine-year-old boy and a nine-month-old girl, to be released to their adoptive parents under the same Act.

The court also issued an order under Section 58 of the same Act, stating that the children’s identities and that of their parents would not be published in the media.”

Tears flow as rescued children go home

[The Star 4/9/13]

So, it still looks like the original families are not being sought at all. The APs bought their kids and will get to keep them.