KUALA LUMPUR – Home Minister Datuk Seri Saifuddin Nasution Ismail said the controversial Security Offences (Special Measures) Act 2012 (Sosma) was still needed especially in cases where usual procedures can’t be applied.
Acknowledging public criticisms against him for defending the controversial legislation – which allows a detainee to be detained for 28 days without being presented in court – Saifuddin said that Sosma “strikes a balance in ensuring that the principle of universal justice is preserved”.
Speaking on RTM’s Nararif Khas programme tonight, the PKR politician said complex cases involving organised crime, for instance, would require Sosma for suspects to be held in custody pending investigations.
In an “ordinary case”, he explained, a suspect would be detained and the charge would be read to him in front of a judge, and the suspect would also be afforded legal representation with the opportunity to challenge the court’s ruling.
In an organised crime case, however, Saifuddin said the suspects detained could well be more than 100 people, making it hard for the case to be investigated using normal protocols under criminal laws.
“These instances would require a law that doesn’t compromise the principle of universal justice. Organised crime requires its own set of laws but this is the polemic that cloaks our community,” he said.
He added that he is aware of the public backlash to his remarks yesterday when he first stated that Sosma would not be reviewed, despite it having been one of Pakatan Harapan’s (PH) previous stands.
Saifuddin said he had received comments on his remarks from civil society groups as well as from within political circles.
“I will continue to carry out my work in accordance with the law and the authorities provided for a home minister. That is my view which I believe is correct,” he said.
Yesterday, Saifuddin said the new government did not intend to amend Sosma. Despite it allowing for detention without trial, he noted that a person cannot be held beyond that duration without being released or charged in court.
However, Damansara MP Gobind Singh Deo today reminded Saifuddin that his position was at odds with that of Pakatan Harapan.
“Whilst we accept that there is a need for laws to deal with national security, we cannot deny the fact that Sosma is oppressive in nature.
“In fact, Prime Minister Datuk Seri Anwar Ibrahim himself is reported to have said in October 2019 that certain parts of Sosma should be amended and improved for the benefit of all parties, as the law has been deemed ‘too harsh’,” reminded Gobind.
Among Gobind’s criticisms is that the law lacked a process which allows a detainee access to court during the 28-day duration. – The Vibes, December 14, 2022
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