PETALING JAYA: Provisions for a 28-day detention and denial of bail under the Security Offences (Special Measures) Act (Sosma) should be dropped, says Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamy.
He said the Act should be amended due to parts that are “inherent violations of the right to a fair trial”.
These include Section 4(5), which provides for a 28-day pre-charge detention without going to the magistrate; Section 13(1) on no right to bail for some security offenders; Section 17 on admitting evidence inadmissible under the Evidence Act; and Section 14(1), where prosecution witnesses can hide their identities, he said.
“We are not against any security measures, but they must have judicial oversight,” he said when asked to comment about the government’s plan to review Sosma.
Sevan said he hoped the government could amend the Act by this year.
He stated that two engagement sessions with all the stakeholders in 2022 and 2023 completed part of the review process.
“The ball can start rolling once the stakeholders are aware of the final content of the amendments.”
He said Suaram had sought the abolishment of Sosma since its enactment in 2012, adding, however, that the rights group would continue to cooperate with the government in amending the contentious sections.
“As there is reluctance to repeal Sosma, the amendments can at least make the law fairer and more aligned with the Criminal Procedure Code,” he said.
Datuk Seri M. Ramachelvam, who is the Malaysian Bar Council chairman of the Task Force on Independent Police Complaints and Misconduct Commission and Police Accountability, said the government’s decision to review Sosma is a positive step.
He said the government should relook Sosma in its entirety to determine whether it complies with the upholding of the rights of individuals and detainees.
“There is no need to deny those detained their basic fundamental rights guaranteed under the Federal Constitution and criminal laws of our country,” he said.
He said the remand should be no more than 14 days, and there should be no automatic denial of bail to Sosma detainees.
A fair trial should be reinstated for Sosma cases, he said, adding that this includes the immediate right to consult a lawyer, among others.
He added that existing criminal laws and procedures can adequately safeguard the country’s security and its citizens.
Human rights lawyer Charles Hector said that in cases involving terrorism, a longer remand period could be allowed.
However, he said that he maintained the view that Sosma should be repealed.
