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KUALA LUMPUR – Opposition MPs today slammed the government for pushing a motion to renew a provision allowing authorities to detain suspects for 28 days without trial under the Security Offences (Special Measures) or Sosma Act 2012, warning that it grants excessive powers to authorities without sufficient oversight by the courts.
The motion, tabled in Parliament by Home Minister Datuk Seri Hamzah Zainudin, seeks to renew the tenure for which the provision can remain in force.
Under Sosma, created to replace the now-repealed Internal Security Act to deal with serious crimes such as terrorism and organised crime, the government is required to secure parliamentary approval to continue using the provision once its current tenure ends on July 31.
Sivarasa Rasiah (Sg Buloh-PH) said existing provisions under the Penal Code and Criminal Procedure Code provide enough powers to the authorities to rein in criminals.
“These issues of terrorism, human trafficking, and organised crime are not unique to Malaysia and are faced by nations all over the world, but they have managed to address these serious offences with far less draconian laws,” Sivarasah said when debating the bill.
“28 days is just too long, especially when it is happening without the oversight of the court, so you must find a balance between the need to investigate and respecting one’s fundamental human rights.”
Khalid Samad (Shah Alam-PH) said the government has not been consistent in its application of the law, as suspects are subjected to detention without trial under Sosma while those convicted for crimes such as former prime minister Datuk Seri Najib Razak (Pekan-BN) continue to roam free.
In 2020, Najib was sentenced to 12 years’ jail by the Kuala Lumpur High Court for corruption related to a former unit of the scandal-tainted 1Malaysia Development Bhd (1MDB) sovereign wealth fund.
Najib also faces a separate trial on 1MDB. He has denied all wrongdoing and is appealing his conviction.
Amanah’s Sepang MP Hanipah Maidin warned that the provision allows public prosecutors to supersede the findings of the courts in cases investigated under Sosma, as they can simply invoke the detention clause after a decision had been made by the court.
“If the Pekan MP is detained one day under Sosma, I will still object to it. Even though I hate YB Pekan because of his crimes, I will still be the first to object to the use of Sosma,” he said, using the Malay honorific “Yang Berhormat” reserved for elected representatives.
M. Kula Segaran (Ipoh Barat-PH) said it was unfair for Hamzah to say that only those who love the country support the bill, arguing that defending human rights does not equate to agreeing to allow criminals free reign.
“I love this country and I am willing to die for this country, YB, please do not say that we do not love this country if we do not support this bill,” said Kula Segaran, a lawyer by training. – The Vibes, March 23, 2022
