KUALA LUMPUR – The home minister’s stand on maintaining the Security Offences (Special Measures) Act 2012 (Sosma) has garnered fierce backlash – this time from the Malaysian Human Rights Commission (Suhakam).
The commission in a statement reiterated its position that security laws relating to detention without trial go against the core principles of human rights.
“Whilst Suhakam acknowledges that Sosma was created pursuant to the special powers under Article 149 of the federal constitution, however, (we are) concerned by Section 4 of Sosma, in which arrest, detention and renewal of the detention period do not require judicial oversight.
“The absence of judicial oversight allows the executive (branch) and police free rein to abuse such power against citizens, human rights defenders and political dissidents.
“Appropriate balance must be struck between the need to protect the nation from security threats and the maintenance of human rights,” said the statement issued by Suhakam chair Prof Datuk Rahmat Mohamad.
It added that human rights and national security are not mutually exclusive, nor are they in conflict with each other, instead, they are interrelated and complementary.
Yesterday, Home Minister Datuk Seri Saifuddin Nasution Ismail reiterated that the Sosma would not be amended for now, but possible for the law to be reviewed in the future.
“My stand is that laws are dynamic and not static, and we have Parliament to formulate and amend laws.
“We need to respond according to the situation from time to time. And should it be amended now? No. This is my principle and stand at the moment.”
Saifuddin said Sosma is still needed especially in cases where usual procedures cannot be applied, such as complex cases involving organised crime.
In an organised crime case, however, he added that suspects detained could well be more than 100 people, making it hard for the case to be investigated using normal protocols under criminal laws.
Acknowledging public criticism 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”.
Reformasi activists victimised by draconian laws, minister reminded
Meanwhile, Aliran, the country's oldest human rights NGO, expressed alarm that Saifuddin has chosen to turn a “blind eye” to the undemocratic and inhumane elements of Sosma.
“The irony is that Saifuddin comes from a political party, PKR, that emerged from the country’s Reformasi movement. He does not need reminding that many Reformasi activists frequently fell victim to repressive laws,” it said in a statement.
“Sosma is an undemocratic law because it still has a provision for 28 days’ detention without trial. Saifuddin should know this because his own PKR party colleague, Maria Chin Abdullah, who was then Bersih chairman, fell victim to this law.”
Aliran added that another undemocratic clause in the law disallows bail, which effectively means an accused could be detained for a long time until the court finally disposes of their case.
“The injustice would be especially felt if the accused is eventually found to be innocent. Many cases have been reported in the past of abuses suffered by those detained under the law,” said Aliran.
“Bad laws must be amended or repealed so that whoever comes into power will not be able to use them for their own ends.” – The Vibes, December 16, 2022
