Malaysia: Human rights defender in solitary confinement: Maria Chin Abdullah
Maria Chin Abdullah, human rights defender and prisoner of conscience, was arrested on 18 November for organizing a rally on free and fair elections. She was placed in solitary confinement and could be held for up to 28 days without charge or access to courts in deplorable conditions.
UA: 263/16 Index: ASA 28/5186/2016 Malaysia Date: 22 November 2016
URGENT ACTION
HUMAN RIGHTS DEFENDER IN SOLITARY CONFINEMENT
Maria Chin Abdullah, human rights defender and prisoner of conscience, was arrested on
18 November for organizing a rally on free and fair elections. She was placed in solitary
confinement and could be held for up to 28 days without charge or access to courts in
deplorable conditions.
Maria Chin Abdullah, chairperson of Bersih 2.0, the coalition for clean and fair elections in Malaysia, was arrested
on 18 November for ‘attempts to commit activities detrimental to parliamentary democracy’, under section 124C of
the Penal Code at the Bersih 2.0 office in Petaling Jaya, Selangor. She has been detained under the Security
Offences and Special Measures Act 2012 (SOSMA) and could be held for up to 28 days without charge or access
to courts. Lawyers representing Maria Chin filed a habeas corpus application in the courts on 22 November to
challenge the lawfulness and conditions of her detention. SOSMA specifically states that no individual will be
arrested for ‘political activity’ or ‘belief’ and its use is strictly restricted to matters pertaining to public order and
national security. However, this legislation is widely drafted, vaguely worded and is open to abuse. Amnesty
International believes that Maria Chin’s detention is part of a concerted, politically motivated attempt to intimidate
and silence prominent activists and government critics.
The police raided the Bersih 2.0 office 24 hours ahead of the nationwide rally, known as Bersih 5, which took place
on 19 November to demand electoral reform and transparency around recent corruption scandals and to
strengthen parliamentary democracy. Fifteen other activists, members of opposition parties and student activists
were also arrested for various offences, ranging from rioting to sedition and have been released on bail. Upon her
arrest, Maria Chin was denied access to legal representation for the first two days but has since been allowed one
meeting with her lawyers and family away from her place of detention. She is being held at an undisclosed location,
unknown to her family and lawyers where she is kept in solitary confinement in a windowless cell with two
lightbulbs kept on for 24 hours a day causing harmful sleep deprivation. Maria Chin suffers hypertension,
osteoarthritis and has high cholesterol. There are severe concerns for her physical safety and health.
Please write immediately in English or your own language:
Urging the Malaysian authorities to immediately and unconditionally release Maria Chin Abdullah and to
drop all investigations and charges against other peaceful activists that have been arrested, investigated and
detained in connection with the Bersih 5 rally for clean and fair elections;
Urging the authorities to ensure that pending release, Maria Chin Abdullah is protected from all forms of
torture and ill-treatment and provided with access to her family, lawyer and any healthcare she requires;
Urging them to repeal or review the Security Offences (Special Measures) Act and all laws that allow for
prolonged detention without charge which undermines fair trial rights.
PLEASE SEND APPEALS BEFORE 3 JANUARY 2017:
Inspector General of Police
Tan Sri Dato’ Sri Khalid bin Abu Bakar
IbuPejabat Polis Diraja Malaysia
Bukit Aman
50560 Kuala Lumpur
Malaysia
Fax: +603 2070 7500
Email: kpn@rmp.gov.my
Salutation: Dear Inspector General
Home Minister
YB Dato’ Seri Dr. Ahmad Zahid bin
Hamidi
KementerianDalamNegeri Malaysia
Blok D1, D2 & D9 Kompleks D
Pusat PentadbiranKerajaan Persekutuan
62546 Putrajaya Malaysia
Fax: +603 8889 1613
Email: ahmadzahid@moha.gov.my
Salutation: Dear Home Minister
And copies to:
Attorney General
Tan Sri Mohamed Apandi Ali
Attorney General’s Office
No. 45 PersiaranPerdana Precinct 4
62100 Putrajaya, Wilayah Putrajaya
Malaysia
Fax: +603 8890 5670
Email: pro@agc.gov.my
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date.
URGENT ACTION
HUMAN RIGHTS DEFENDER IN SOLITARY CONFINEMENT
ADDITIONAL INFORMATION
Maria Chin Abdullah, the Chairperson for the Coalition for Clean and Fair Elections (Bersih 2.0) has been subjected to
harassment and intimidation by the Malaysian authorities and non-state actors. In November 2015, Maria Chin, along with
Jannie Lasimbang, was charged under the Peaceful Assembly Act for failing to give prior notice of at least ten days for a
demonstration. In October 2016, Maria Chin, her immediate family members, Bersih 2.0 Secretariat Manager, Mandeep Singh
and former chairperson Ambiga Sreenevasan received death threats via disturbing images in a Whatsapp message and the
perpetrators have yet to be brought to justice, see: https://www.amnesty.org/en/documents/asa28/5014/2016/en/.
In the previous four Bersih rallies between 2007 and 2015, there have been incidents of arrests, violence, harassment and
intimidation against the organisers, activists and opposition politicians.
On 18 November 2016, Mandeep Singh, Bersih Secretariat Manager, was arrested with Maria Chin under section 147 of the
Penal Code, which penalizes rioting, ahead of the Bersih 5 rally. Anthony Loke, opposition Member of Parliament was arrested
under the Sedition Act 1948. Ronnie Liu, politician, was arrested under section 153 of the Penal Code, for ‘wantonly giving
provocation with intent to cause riot’. S. Arutchelvam, the Malaysian Socialist Party committee member was arrested together
with Lee Khai Ming and Jimmy Wong, also opposition party members along with student activists Anis Syafiqah, Luqman Nul
Hakim Zul Razali, and Safwan Anang. Also arrested were ‘red-shirts’, counter-demonstration leader Jamal Md. Yunus, Razali
Zakaria and Hairol Nizam. On 19 November, activists Hishamuddin Rais, Fahmi Reza and Luqman Nul Hakim were arrested
after the Bersih 5 rally, while opposition legislators Zuraida Kamaruddin, Howard Lee, and Chua Tian Chang were arrested for
speeches made at the rally.
All have been released on bail with the exception of Maria Chin Abdullah.
Name: Maria Chin Abdullah
Gender: f
UA: 263/16 Index: ASA 28/5186/2016 Issue Date: 22 November 2016