A PARLIAMENTARY Special Select Committee (PSSC) has recommended for the 28-day detention period and the definition of security offences, terrorism-related crimes and organised crime under the Security Offences (Special Measures) Act 2012 (Act 747) be reviewed.
These were among the eight recommendations of the PSSC Human Rights, Election and Institutional Reforms report on the proposals to amend Sosma.
In his briefing to the Dewan Rakyat yesterday, PSSC chairman William Leong said the Act was meant to serve as a procedural law enacted to address offences related to national security, organised crime and serious threats involving public interest and national sovereignty.
“However, since its implementation, this Act has raised questions concerning various aspects of fairness, transparency, and the protection of human rights, including issues such as detention for up to 28 days without judicial review, denial of bail and limited access to legal counsel.
“The reality of the Act’s implementation shows that its impact is not confined to the individuals detained, but also extends to broader dimensions such as psychological pressure on families, social instability, risks of abuse of power and perceptions affecting the integrity of the judicial system,” he added.
He said the interpretation of “security offences” under Section 3 is considered too broad and unclear, which has the potential to create room for abuse of power.
“Several cases such as the detention of Maria Chin Abdullah in 2016 and of Lim Kian Aik and R. Nathan in 2020 shows how the Act has been applied to situations that do not meet the threshold of national security threats,” he added.
Leong said Section 4(5), which permits detention for up to 28 days without judicial review, poses significant risks to human rights.
“The absence of court oversight restricts access to legal representation, creates opportunities for abuse and places considerable emotional strain on the families of detainees,” he added.
According to sub-section 4(5) of Sosma, a police officer with the rank of superintendent or higher may extend the period of detention for a period not exceeding 28 days, for the purpose of investigation.
He said even though the law provides for the use of an electronic monitoring device, it was never used.
The PSSC had engaged Suaram, the Human Rights Commission (Suhakam) and the Home Ministry for the report.
