Malaysian police says Nepali beat Nepali

After a video of a Nepali security guard being mercilessly beaten by his Malaysian supervisor went viral on 2 August, police there have tried to cover up the abuse by saying that the supervisor is actually a Nepali.

However, the video itself as well as a testimony by another Nepali who was  assaulted last year by the same supervisor, confirm that he is actually a Tamil Malaysian who is among three that serially abused migrant workers.

Although the Malaysian police has not made any public statement, the Nepal Embassy in Kuala Lumpur has issued a press brief (below) which, despite strong evidence to the contrary, backs up a report by the umbrella organisation of the security agencies (PIKM), implicating a Nepali in the crime.

Read also: Nepali guard beaten in Malaysia goes viral

The video that has gone viral on social media shows the Nepali guard being repeatedly bludgeoned with a club, and slapped in the face in the parking lot of an apartment block in Kuala Lumpur. The Nepali does not retaliate or say anything, while trying to evade the blows.

The supervisor is overheard in the video as saying in Bahasa Melayu: “Are you flaking off? You are here to work, and you are creating trouble? Who do you think you are?”

The Embassy statement names the victim as Islam Husain from Nawalparasi district, and the 'supervisor' as Ram Gopal Murau. The report that the Embassy quoted said that both Nepalis were undocumented, and it added that Murau had given himself up to police. However, reports from Malaysia say there is no Nepali involved in the incident who is in custody. 

The Embassy's version of the events is also contradicted by the supervisor’s facial features, language and accent, as well as his identification by several security guards, now back in Nepal, whom he had similarly abused in the past.

One of them is Santosh Sapkota, who was beaten last year by the same person he identifies as a Malaysian Tamil supervisor after he failed to report for work because he was not feeling well. He was badly injured, but forced himself to go to work fearing more beatings.

“I can tell you with certainty that it is the same man who beat me and he is definitely not a Nepali,” Sapkota told Nepali Times at his home in Kavre district. “The Nepal Embassy seems to be under pressure to go along with the story that it was just a Nepali beating a Nepali.”

For Sapkota, this is not the first time he had to be disappointed with the Nepal Embassy. After he was beaten, he took the bold and rare step of lodging a complaint against his supervisor and his Allied Security Sdn Bhd at the Nepal Embassy in Kuala Lumpur last August.

But instead of helping him, Sapkota says the embassy notified the company about his complaint. When he reported to work the next day, three Malaysian Tamils knifed him, causing a spinal injury.

“The three were named Mannu, Ganeshan and Gunasekeran. Since then I have been both physically disabled as well as suffering post-traumatic stress,” says Sapkota, who had to pay for his own treatment in hospital, using RM2,600 ($400) of his own savings. Allied Security then laid him off on 3 September 2019, and cut the air fare from his own salary to send him home.

He has needed more hospitalisation for his back injury, and has already spent Rs200,000, and he still needs more treatment. (See hospital report, right). This means he cannot work and cannot provide for his wife and two children. Besides his physical disability, Sapkota suffers psychological trauma from the violence.

Another Nepali security guard working in Allied Security, Sajan Shrestha, was also beaten up and threatened by the supervisor at Allied Security. He was then reportedly disappeared by the company, Sapkota said.

In his complaint to the Nepal Embassy last year, Sapkota has also alleged that the supervisor named 'Gunasekeran' was also the one in the video. Earlier, he had identified the supervisor as 'Mannu'. Sapkota says beating employees for minor infractions is standard operating procedure among Malaysian security companies, and urges the authorities in Nepal and Malaysia to take action.

Sapkota went to Malaysia to work five years ago under a contract with Himarav Overseas recruitment agency and was assigned a job at Allied Security Sdn Bhd. They had promised him a salary of RM2,100. But after he started working, he only got RM1,600 a month for being on duty up to 14 hours a day and no weekends. That is when he became ill from exhaustion, and was beaten for not reporting to work.

“The Nepal Embassy has backed the official version of the incident and let the Malaysian off the hook, and this is getting wide play in the media. But that is not true, the supervisor is a Malaysian Tamil, and he also beat me so badly that I am disabled,” says Sapkota.

He adds that Allied Security is notorious for abusing its employees, and it hired musclemen to keep workers in line so they do not complain about not getting promised salaries or about being made to work extra hours.

On Monday, Santosh Sapkota filed complaints at the Consular Section of at Narayanhiti, the Ministry of Foreign Affairs and the Department of Foreign Employment. Sapkota says there are many workers like him in Malaysia who are mistreated like slaves, and many are tortured. But few go to the police because instead of catching the culprit, they often victimise the victim.

In another video testimony sent to Nepali Times this week by another Nepali guard working at Kajang Expom Security, the person says he was beaten up after asking to go home for a family crisis. His passport was confiscated, two months of salary was withheld, and he was thrown out of the company dorm.

In the video he says he went to the Nepal Embassy to complain, and again, instead of helping him, the Embassy informed the company and never followed up. He is now staying with a friend, and he says in the video: “I need to get back home, but I have neither the money nor passport. I have run out of my savings.”

Migrant rights campaigner Andy Hall says the Malaysian government and employers have not adequately addressed the exploitation and abuse of Nepali workers there. “Nepali are working there as virtual slaves, and are being tortured,” he says.

People’s Forum, and organisation that provides free legal advice to Nepali overseas workers says the mistreatment of Nepalis must be addressed through the Malaysian justice system, and the Nepal government should be putting pressure on the Malaysian authorities.

“The abuse of Nepali workers is against international and Malaysian law,” says Som Luitel of People’s Forum. “It is the responsibility of the Nepal Foreign Minister and the Nepal Embassy in Kuala Lumpur to raise this issue with the Malaysian government.”