KUALA LUMPUR – The Malaysian Bar has lauded Parliament’s rejection of Putrajaya’s motion to extend the effective period of subsection 4(5) of the Security Offences (Special Measures) Act 2012 (Sosma) for another five years.
In a statement today, its president Karen Cheah added that it is high time for the federal government to also do away with other draconian acts allowing detention without trial besides Sosma such as the Prevention of Terrorism Act 2015 (“Pota”) and Prevention of Crime Act 1959 (“Poca”).
“The Malaysian Bar has consistently urged the government to repeal Sosma in its entirety. National security is not carte blanche for curtailing our fundamental liberties.
“Malaysia, being a member of the United Nations Human Rights Council for the 2022–24 term, should take this opportunity to uphold its commitment to the protection of human rights by repealing Sosma and other preventive detention laws such as the Prevention of Terrorism Act 2015 (“Pota”) and Prevention of Crime Act 1959 (“Poca”).
“Human rights and national security are not mutually exclusive, nor are they in conflict with each other. Instead, they are interrelated and complementary.
“The Malaysian Bar therefore reiterates its clarion call for the government to repeal Sosma, Pota, and Poca. Let there be no further attempts to revive debates on any preventative detention laws,” said Cheah.
She reminded the public that Article 5(4) of the federal constitution requires that any person arrested to be brought before a magistrate within 24 hours and not be further detained in custody without the magistrate’s authority.
The veteran lawyer said that by rejecting Home Minister Datuk Seri Hamzah Zainuddin’s motion, Parliament has signalled that the 28 days of detention without judicial oversight are antithetical to the rule of law.
Furthermore, she stressed that the absence of judicial oversight allows the executive and the police a free rein to abuse such power against human rights defenders and political dissidents, as was done in the case of Maria Chin Abdullah, who was detained and placed in solitary confinement.
“We are also reminded of the detentions and prosecutions of Dato’ Sri Khairuddin Abu Hassan and Matthias Chang.
“None of these individuals were involved in violent behaviour that were tantamount to a public security threat that would warrant an arrest under Sosma. These individuals were the subject of Sosma because of their political beliefs and activities,” said Cheah.
On March 23, the Dewan Rakyat rejected a government motion to renew a provision under Sosma, which gives authorities the power to detain suspects for 28 days without trial.
The motion was defeated via bloc vote, with 86 voting against while 84 voted to renew the provision’s effective period. – The Vibes, March 25, 2022
