The story of Mariance Kabu, rising to sue after being tortured by her employer in Malaysia

Mariance sat weaving cloth at Pastor Emmy Sahertian's training house in Kupang, NTT, on Tuesday (19/3/2024). One by one, the threads were arranged and compacted in parallel using wood to weave.

Sheets of cloth are also formed according to the desired size. Weaving activities have been pursued since 2022 to meet the economic needs of families.

Unimaginable previously, the activity was able to be enjoyed in his hometown. About 10 years ago, he felt like his life was in hell.

Day by day, Mariance faced torment from Ong Su Peng Serene and Sang Yoke Leng, her female employers, while working in Malaysia from April to December 2014.

After a decade, the case of violence against Mariance has finally been brought to trial in Selangor, Malaysia. The trial proceedings bring hope to Mariance in her quest for justice.

However, several statements from the lawyers of the defendants, Ong Su Peng Serene and Sang Yoke Leng, didn't fail to make Mariance and her family furious. Last week, the lawyers of the defendants claimed that Mariance suffered from mental illness while working at the defendants' house.

The accusation was denied by Mariance. She was very angry to hear it. "That's a big lie," she said on Thursday (14/3/3024), when met in Kupang.

During her time working for her employer at home, from January to August 2014, she stated that she was normal and sane.

"How could I possibly be crazy if I can take care of the elderly. Preparing food and drink, dressing and changing clothes, and fulfilling all the needs for those parents," she said again.

After a decade, the case of violence against Mariance has finally been brought to trial in Selangor, Malaysia. The trial proceedings bring hope to Mariance in her quest for justice.

“I was contracted as an elderly carer, but handled all the housework. Cooking, washing, ironing, sweeping and mopping floors, and other housework. Everything I do is recorded on the employer's monitoring camera or CCTV. "If I'm crazy, why doesn't my employer immediately take me to a mental hospital or call someone to handcuff me at his residence," said Mariance insistently.

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The CCTV is the most accurate evidence to uncover all the incidents that occurred during the eight months of Mariance's work. All forms of violence, both physical and verbal, are clearly recorded. However, according to her, they can easily lie now and distort all the facts.

Mariance intends to attend the hearing scheduled for June 28, 2024. She wishes to testify before the judge at the Malaysian court. If necessary, the employer who persecuted her for eight months should also be present.

The evidence of the abuse is still being held at the Indonesian Embassy in Malaysia. He also still holds some of that evidence of the abuse.

In those dark days, three of Mariance's teeth were pulled out with pliers, and her tongue was almost cut off. The genitals were hit with a hammer until they were bruised, the lips were hit until they tore. The ears were hit and pulled with pliers until they stretched and some were injured.

“Every part of my body experienced violence from my employer. I imagine the story is like being in hell. "I was locked for a week in the bathroom naked," he said.

She managed to escape from that house after both employers went out of the house. Although the door and the fence were locked, Mariance tried to write a letter and threw it towards the neighboring house, which belonged to an Indian citizen. The contents of the letter were brief, "Please help me get out of here. I'm almost dead from being abused by my employer".

The news of the assault eventually reached the Royal Malaysian Police.

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The Malaysian police came to the employer's house and took Mariance to the nearest hospital for medical treatment.

Medical examination results show that a broken nose, bruises and swelling all over the body, damage to the ear, and head injuries caused by sharp objects have occurred.

Member of the Indonesian Anti-Human Trafficking Civil Society Network (Jamasiapoi) in NTT, Reverend Emmy Sahertian, stated that employers should not divert the issue to justify the heinous act against Mariance Kabu. It is illogical for someone with a mental disorder to be accepted by an employer to work as a caregiver for the elderly and household assistant in their residence.

He requested that the Malaysian court focus on the case of severe abuse. Don't be provoked by false information purposely designed to free the employer, the perpetrator of human crimes. The role of the judge is to uphold justice, not uphold personal and group interests.

"The Indonesian government, through the Ministry of Foreign Affairs, must be actively involved in carrying out special supervision and monitoring of the proceedings in Malaysia. "The trial must be free from mafia justice practices so that the victim still gets justice law, instead of being accused of being crazy and the like," he said.

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One of the agreements made during the ASEAN Summit Meeting 2023 is the respect for the rights of migrant workers, including the handling of legal cases that affect them. Therefore, the Governments of Indonesia and Malaysia have agreed to implement that agreement fairly, honestly, and responsibly.

"We urge the Malaysian justice system to open its eyes to the discrimination faced by Indonesian migrant workers in Malaysia. Local laws must be fairly enforced without any differentiation based on ethnicity, nationality, or religion," said Emmy.

Jamasipoi also appreciates the local Malaysian lawyers who have assisted Mariance Kabu thus far. Similarly, the Malaysian judicial team who have conducted the trial against Ong Su Ping Serene and Sang Yoke Leng are also acknowledged.

"The sincerity of Malaysian lawyers in helping Mariance Kabu is a concrete form of ASEAN solidarity from a people to people level. "The Indonesian people, especially the families of the victims, can only pray for their good services," said Emmy.

He is requesting the Indonesian Embassy in Malaysia to be proactively responsible for creating a fact-finding team so that it can help to provide evidence in the upcoming trial. The embassy must not allow the trial process to pass by without taking any action. The presence of Indonesian representatives abroad is to assist and defend the rights of Indonesian migrant workers in that country.

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