KUALA LUMPUR (Nov 12): Sirul Azhar Umar has been released from Australia’s Villawood immigration detention centre, following an Australian High court ruling that non-citizens who were unable to be deported could no longer be detained indefinitely, according to reports.
Sirul, a former corporal, was convicted by the Malaysian federal court in January 2015 for the murder of Altantuya Shaariibuu, but had left the country for Australia by the time of the court's decision and had been detained in Australia since.
He was reportedly among 92 individuals released and permitted to remain in Australia under special conditions, following the Australian High Court decision on Wednesday (Nov 8).
The release was confirmed by Sirul’s son Shukri Azam Bin Sirul Azhar, who also resides in Australia, as well as his lawyer William Levingston.
“[He is] with me right now, and I’m handling everything on his behalf right now,” Shukri was quoted as saying.
“My client is facing death by hanging in Malaysia for a murder conviction, and until the death penalty is abolished by the Malaysian government, the Australian government is unable to deport Sirul Umar due to non-refoulement obligations,” Levingston reportedly said.
Sirul's first application for political asylum in Australia was rejected back in 2019.
It was reported at the time that Sirul would be extradited back to Malaysia, if his death penalty was not carried out.
Notably, the Malaysian government abolished the mandatory death penalty in April this year, and the legislation was gazetted on June 30 this year, to come into operation on July 4.
However, the death penalty still exists in Malaysia, although it is now within the court’s discretion. It was reported that the last death row prisoner served the death sentence back in 2017, with a moratorium on executions held since.
In Australia, the Extradition Act 198 prohibits it from extraditing a person to a nation state where the death penalty could be a possible sentencing option.
The Australian Attorney‑General must be satisfied that, on surrender to the extradition country, there is no real risk that the death penalty will be carried out on the person in relation to any offence, according to the law.
Aside from Sirul, former chief inspector Azilah Hadri was also convicted by the Malaysian court for Altantuya’s murder, which occurred in 2006. Azilah is currently in the Kajang prison.