KUALA LUMPUR: The Security Offences (Special Measures) Act (Sosma) was introduced to address national security threats, particularly terrorism, organised crime, and activities undermining public order, says Tan Sri Lee Lam Thye.
The social activist said while maintaining security and stability is crucial, it should not come at the expense of fundamental human rights and civil liberties.
"The balance between security and human rights must be carefully maintained to ensure enforcement efforts do not lead to arbitrary detention, abuse of power, or erosion of due process."
"One of the most pressing concerns surrounding Sosma is the extended detention period without trial, which raises questions about the right to a fair hearing and access to legal representation," he said on Sunday (Feb 16).
The presumption that certain offences do not allow for bail also increases the risk of wrongful detention, disproportionately affecting those who may not have been proven guilty, he said.
"As we move forward, it is essential that any security legislation - including Sosma - is subject to periodic review to prevent misuse and ensure alignment with international human rights standards."
"Reforms should include greater judicial oversight, safeguards against prolonged detention without trial, and stronger mechanisms to prevent abuse," he added.
Law enforcement agencies must be held accountable to ensure the law is applied fairly and does not disproportionately target any particular group, Lee said.
"Security and human rights are not mutually exclusive; they must coexist to build a just and stable society."
"While Sosma serves an important role in addressing security challenges, its implementation must be refined to ensure it does not undermine the principles of justice and human dignity," he added.
A well-balanced approach that upholds national security while safeguarding fundamental rights is the only way forward to ensure public trust and the integrity of our legal system, Lee said.
