PETALING JAYA: The review of the Security Offences (Special Measures) Act (Sosma) 2012 should bring it in line with provisions of the Criminal Procedure Code (CPC) especially on bail, says the Human Rights Commission of Malaysia (Suhakam).
Its chairman Datuk Seri Mohd Hishamudin Md Yunus said Section 13 of Sosma on bail and Section 4(5) empowering detention of up to 28 days without judicial oversight should be abolished.
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“These two provisions are just two examples,” he said when contacted on Sunday (Feb 16).
He claimed that such provisions had been abused in the past, citing the cases involving lawyer Mathias Chang, politician Khairuddin Abu Hassan and former Bersih 2.0 chairman Maria Chin Abdullah.
“Hence the urgent need for a thorough review to prevent a repeat of such abuses. Stringent procedural safeguards are needed,” he said.
In 2015, Chang, representing former Batu Kawan Umno vice-chief Khairuddin, was detained under Sosma after visiting his client at the Dang Wangi police station.
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Khairuddin was also placed under detention for 28 days under Sosma for attempting to sabotage the country’s banking and financial services.
He later won a lawsuit for his unlawful detention in 2022 and was awarded RM300,000.
In 2016, Bersih 2.0 chairman Maria Chin Abdullah was also detained for 10 days under Sosma on the eve of the Bersih 5.0 rally.
She later settled her suit against the Inspector-General of Police (IGP), the Home Minister and the government for wrongful detention amicably in 2019.
After the government announced that Sosma would be reviewed, Home Minister Datuk Seri Saifuddin Nasution Ismail said the exercise would look into sections involving bailable and non-bailable offences.
“We will balance the duty to uphold national security and public order while respecting a person’s human rights,” he said on Saturday (Feb 15).
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On Sunday, social activist Datuk Seri Lee Lam Thye said maintaining security and stability should not come at the expense of fundamental human rights and civil liberties.
Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamy also said the provisions for 28-day detention and denial of bail should be dropped in the Sosma review.
