Amending Sosma Not Enough Says Malaysian Bar

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The Malaysian Bar said the Security Offences (Special Measures) Act 2012 threatens the integrity of the country’s legal system and the rule of law.
PETALING JAYA: The Malaysian Bar says it continues to advocate for the Security Offences (Special Measures) Act 2012 to be repealed in its entirety due to the potential for the act to be misused.
Its president, Ezri Abdul Wahab said the Bar welcomes the government’s move to review Sosma to strike a balance between upholding national security and respecting human rights.
He said Sosma grants sweeping powers to law enforcement agencies, which override the fundamental rights and liberties enshrined in the Federal Constitution.
“A mere review or piecemeal amendments of Sosma will not be sufficient to address the deep-seated flaws of the law.
“The Malaysian Bar firmly maintains that Sosma must be repealed in its entirety,” he said.
“Sosma creates an environment ripe for misuse of power, where individuals are detained without proper judicial supervision, denied the right to bail and subjected to a process that undermines their right to a fair trial.
“The very existence of such a law threatens the integrity of our legal system and the rule of law.
“While the government’s intention to review the law is a step in the right direction, there can be no compromise when it comes to the protection of fundamental liberties.”
He said allowing 28 days of detention without judicial oversight under Sosma is twice as long as the standard period of remand under the Criminal Procedure Code.
Law enforcement agencies can apply for remand orders of up to 14 days for any suspect in order to complete their investigation.
Ezri stated that there were existing laws that equipped law enforcement agencies with “more than enough” statutory power to investigate individuals detained for complex security offences.
“These laws provide mechanisms for thorough investigation and prosecution, and do not erode the fundamental liberties of the accused person in the trial process,” said Ezri.
Yesterday, home minister Saifuddin Nasution Ismail announced in the Dewan Rakyat that the government would review the bail and 28-day detention period under Sosma.
He said a special committee would review these aspects, with findings to be presented at the next Dewan Rakyat session from June 23 to July 31.
Saifuddin also mentioned the possibility of a dedicated Sosma court, similar to those that handle corruption and human trafficking cases, to ensure speedier trials. - FMT

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