In Malaysia, Sabri bin Umar, a migrant worker, was whipped while in detention at the Tawau prison on 23 June 2022, despite there being an appeal pending at the High Court regarding his conviction. Sabri bin Umar was accused of not having a valid entry and work permit and was later charged under Immigration Act no. 1959/63. However, easily accessible evidence shows that Bin Umar had been a documented migrant worker for the past seven years, and that he was employed by Fu Yee Corporation Sdn Bhd in Tawau, Sabah at the time. His work permit had also been renewed by the Immigration Department in 2022 and was valid for a year.
During the trial, Bin Umar did not have access to representation, and the prosecution presented false evidence leading to his unfair conviction. On 19 April 2022, Bin Umar was sentenced by the Session Court to an 11-month imprisonment and five whippings.
The Immigration Act was amended and, as of August 2002, the sentence of whipping was introduced for use against undocumented migrants. According to the Prisons Department records, 47,914 foreigners were found to have violated the Immigration Act from 2002 to 2008. Of these, 34,923 were whipped.