KUALA LUMPUR – DAP deputy chairman Gobind Singh Deo has urged Home Minister Saifuddin Nasution Ismail to reconsider his stance on retaining the Security Offences (Special Measures) Act 2012 (Sosma) as it is.
Gobind, who is also Damansara MP, said Saifuddin’s stance is at odds with the position taken by Pakatan Harapan (PH) that has acknowledged Sosma to be “problematic” and needs “to be dealt with”.
“Whilst we accept that there is a need for laws to deal with the security of the nation, we cannot deny the fact that Sosma is oppressive in nature,” Gobind said in a Facebook posting.
“In fact, in October 2019, Prime Minister Datuk Seri Anwar Ibrahim himself is reported to have said that certain parts of Sosma should be amended and improved for the benefit of all parties, as the law has been deemed ‘too harsh’.”
Yesterday, Saifuddin defended the use of the act and said the government does not intend to amend the law as it does not allow for preventative detention – a person cannot be held beyond 28 days without being released or charged in court.
Joining the chorus of several civil society groups and human rights activists, Gobind pointed out that there have been concerns over the constitutionality of Section 4 of the provision, as it restricts the powers of the court in granting bail during the 28-day period.
“There is therefore no check and balance on the powers of the investigating authorities during this period of time,” he said.
“This allows for abuse not only in point of wrongful arrests but also during the course of investigations which must not be allowed.”
In March this year, PH lawmakers rejected the government’s motion to extend the 28-day detention provision under Sosma, saying the law grants authorities overly broad powers and goes against human rights conventions.
Gobind said the law should include a process which allows a detainee access to court during the 28-day duration.
“After an accused is charged, Section 13 relating to bail remains a problem. That section states bail shall not be granted to a person who has been charged with a security offence and limits bail to strict instances under Subsection 2 for certain cases,” Gobind said.
Gobind also pointed to Section 30 of the act, which permits an application by the public prosecutor to remand an accused person who has been acquitted after trial, pending an appeal.
“It is important to note that cases of this nature take years in court,” Gobind said.
“The trial and appeals process is lengthy, which means that an accused in a case like this would be held in custody for indefinite periods of time even after an acquittal, which is certainly harsh and oppressive.” – The Vibes, December 14, 2022
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