Case History: Maria Chin Abdullah
On 21 November 2017, police in Dang Wangi district, Kuala Lumpur, informed human rights defender Maria Chin Abdullah that they had closed the investigation against her, one year after she was detained under the Security Offences (Special Measures) Act.
Maria Chin Abdullah is the Chairperson of the Malaysian anti-corruption movement Bersih, a coalition of NGOs advocating for reforms of the electoral system in Malaysia in order to ensure free and fair elections. Founded in 2006, the coalition has organised three rallies calling for a transparent electoral process and raising awareness of what they claim are flaws of the electoral system.
On 21 November 2017, police in Dang Wangi district, Kuala Lumpur, informed human rights defender Maria Chin Abdullah that they had closed the investigation against her, one year after she was detained under the Security Offences (Special Measures) Act.
Maria Chin Abdullah is the Chairperson of the Malaysian anti-corruption movement Bersih, a coalition of NGOs advocating for reforms of the electoral system in Malaysia in order to ensure free and fair elections. Founded in 2006, the coalition has organised several rallies raising awareness of what they consider as flaws in the electoral system and calling for a transparent electoral process.
On 21 November 2017, Maria Chin Abdullah was informed by the police that the case against her had been closed following a year-long investigation. The police also returned the items that were taken during a raid on the Bersih office on 18 November 2016, including 10 laptops, two mobile phones and several documents.
On 18 November 2016, Maria Chin Abdullah was arrested during a raid on the Bersih office and kept in detention under the Security Offences (Special Measures) Act 2012 for 10 days. Another member of Bersih, Mandeep Singh, was also arrested and released on bail after two days.
Front Line Defenders welcomes the decision to close the investigation into Maria Chin Abdullah, which it believes was solely motivated by her peaceful and legitimate work for human rights in Malaysia.
On 8 September 2015, human rights defenders Ms Maria Chin Abdullah, Ms Mandeep Singh and Mr Adam Adli Abdul Halim were among nine activists who were charged under the Peaceful Assembly Act for organising and taking part in an allegedly unlawful assembly held in Kuala Lumpur on 28 March 2015.
On 8 September 2015, three magistrates accepted the charges against the human rights defenders and the other six activists related to the organisation and participation in an allegedly unlawful assembly, which was held in Kuala Lumpur on 28 March 2015. However, the lawyers for the human rights defenders state that the assembly did not violate the Peaceful Assembly Act. They were granted bail on condition of payment of 500 Malaysian Ringgit and one surety each (approximately 100 euro). Their trial is scheduled to begin on 16 October 2015.
While the charges are based on events that took place in March 2015, they were brought immediately after protests organised by Bersih in Kuala Lumpur, Kuching and Kota Kinabalu on 29 and 30 August 2015. The protests, named Bersih 4, demanded institutional reforms and the resignation of Prime Minister Mohd Najib bin Abdul Razak, in connection with allegations of financial mismanagement of a state investment firm and embezzlement. The organisers estimated that ten thousand people attended the protest.Adam Adli Abd Halim, Syukri Rezab and Mandeep Singh
On 2 September 2015, the police questioned Maria Chin Abdullah, Mandeep Singh, Adam Adli Abdul Halim and other Bersih members who organised the Bersih 4 rally. The police questioned them for two and a half hours about the financial sources for the rally, as well as its planning and execution. They were further questioned about the launch announcement of the rally on August 14 and the personal details of each committee member. However, the human rights defenders exercised their right not to answer the questions.
On 2 September 2015, police questioned seven human rights defenders regarding the two-day Bersih 4 rally which took place in Kuala Lumpur on 29-30 August 2015.
Those who were questioned, Maria Chin Abdullah, Sarajun Hoda, Masjaliza Hamzah, Fadiah Nadwa, Farhana Halim, Mandeep Singh and Adam Adli Abdul Halim, are all organisers of the Bersih 4 rally. The protest was held to demand institutional reforms and the resignation of Prime Minister Mohd Najib bin Abdul Razak, in connection with allegations of financial mismanagement of a state investment firm and embezzlement.
On 2 September 2015, the police questioned the organisers for two and a half hours about the financial sources for the rally, as well as its planning and execution. They were further questioned about the launch announcement of the rally on August 14 and the personal details of each committee member. However, the human rights defenders refused to answer the questions, as is their right.
The seven human rights defenders were summoned for questioning in relation to a number of complaints which were filed by the police against the organisers of the rally. They are being investigated for allegedly concealing plans to commit an offence, attempting to commit activity detrimental to parliamentary democracy, and unlawful assembly, which are charges under Sections 120, 124C and 141 of the Penal Code.
The members and organisers of Bersih rallies have been subjected to continuous harassment due to their work. On 31 July 2015, Messrs Adam Adli Abdul Halim, Syukri Rezab and Mandeep Singh were arrested and Ms Ambiga Sreenavasan was summoned for questioning in relation to their role in organising peaceful protests. Although they all were released afterwards, they are still under investigation on charges of carrying out activities detrimental to parliamentary democracy, under Article 124 of the Penal Code, a charge which carry a prison term of up to 20 years.
On 23 July 2015, travel bans were imposed on Ms Datuk Ambiga Sreenevasan, Maria Chin Abdullah, Mr Hishamuddin Rais and Adam Adli Abdul Halim for their involvement in the organisation of protest activities.
On 23 July 2015, travel bans were imposed on human rights defenders Ms Datuk Ambiga Sreenevasan, Ms Maria Chin Abdullah, Mr Hishamuddin Rais and Mr Adam Adli Abdul Halim.
Though Malaysia has long had a vibrant civil society,the political space has largely remained controlled by the same ruling elite since independence in 1957. The 2013 elections were a critical turning point, as Malaysians took to the streets to protest the entrenched political elites as well as the Internal Security Act (ISA), which was established in 1960 to quash dissent and monitor society.
New measures were soon introduced, which are now being used more forthrightly and which essentially seek to reproduce the impact of the ISA. One measure has been the introduction of the Prevention of Terrorism Act (POTA) which is similar to anti-terrorism legislation around the world, granting the state extraordinary powers of investigation and surveillance. The second was reviving the Sedition Act, first introduced in 1959 but seldom used until recently. Like many increasingly repressive governments, the Malaysian rulers are using these pieces of "security" legislation to target human rights defenders.
On 23 July 2015, Datuk Ambiga Sreenevasan, Maria Chin Abdullah, Hishamuddin Rais and Adam Adli Abdul Halim were informed that, if they wished to travel, they would need to inform the nearest Department of Immigration Office. Ambiga was informed by the Immigration Department that she received a travel ban which covers travel to the east of Malaysia. She had travelled overseas the previous month and she has yet to be informed as to why she currently faces a travel ban.
Previously, Maria Chin Abdullah had been prevented from entering Sabah, while Ambiga found her name on the immigration blacklist of both Sabah and Sarawak when she tried to visit the states in November in 2014 and in 2011, respectively.
