Its president Steven Thiru said, however, that it was still quite alarming that the authorities have invoked the Security Offences (Special Measures) Act (Sosma) against Chin.
Thiru said this is because on Nov 12, Deputy Home Minister Nur Jazlan Mohamed had reportedly said that OSF had been providing funds for the past 10 years and the government had been monitoring such activities.
Thiru also said there was no concrete evidence that non-governmental organisations in Malaysia were involved in activities that could disrupt peace by using the funds and that “the matter is still being investigated”.
“The Malaysian Bar notes that OSF is not an unlawful society under the Prevention of Crime Act 1959 or Societies Act 1966, nor is it a ‘listed terrorist organisation’ under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001,” he said in a statement.
Moreover, Thiru said it was rather incredible for the authorities to suspect that OSF funds were allegedly used by Maria to commit “activity detrimental to parliamentary democracy”, an offence under Section 124C of the Penal Code.
Police are also investigating the Bar Council for receiving financial aid from the George Soros-funded OSF.
He said Sosma had been represented by the government as a law to deal with terrorism and was never intended to restrict or prohibit any form of peaceful and legitimate democratic activity.
Thiru added the allegation under Section 124C levelled against Maria appears to be baseless, hence, her detention under Sosma could not be justified.
“The Malaysian Bar demands that Maria be released immediately and unconditionally,” he said, adding that the abuse of Sosma and criminal procedures for the purposes of alleged Penal Code offences was abhorrent and repugnant to the rule of law.
Maria, who was arrested last Friday, on the eve of the Bersih 5 rally in Kuala Lumpur, has filed a habeas corpus application seeking her release from detention.
Her lawyer, Sivarasa Rasiah, said police could have just recorded her statement as part of their investigation instead of detaining her under the security law.
Under Sosma, police can hold a detainee for a maximum of 28 days for investigation and lawyer Muhammad Rafique Rashid Ali described the detention as an abuse of process of Maria’s legal right and her freedom.
Rafique was of the opinion that her detention could be due to the Bersih steering committee’s act of drumming up support nationwide with the Bersih 5 convoy since last month and organising the rally under the Peaceful Assembly Act.