Criminal Procedure Code is sufficient for security needs

PARLIAMENT spoke decisively on March 23, 2022 to vote down the motion to extend the enforcement of Section 4(5) of the Security Offences (Special Measures) Act 2012 (Sosma), which allows for the detention of suspects for up to 28 days without trial.

It would therefore be unparliamentary of Home Minster Datuk Seri Hamzah Zainudin to retable another motion on Sosma in this current session, as reported in “Sosma to be retabled in Dewan Rakyat this afternoon” (thestar.com.my; July 20; https://bit.ly/ 3PCYTnd).

In the spirit of respecting the will of Parliament and also in the name of rights to a free trial, Suara Rakyat Malaysia (Suaram) would like to urge all MPs across the aisle to reject the motion.

Suaram maintains that Sosma should be abolished entirely because it severely undermines the principles of right to fair trial as enshrined in Malaysia’s Federal Constitution.

To recap, Sosma is a procedural law that operates in lieu of the Criminal Procedure Code (CPC) when an individual is detained for suspected internal security offences described under Chapters VI (against the State), VI A (terrorism related) and VI B (organised crime) of the Penal Code; the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007; and the Special Measures Against Terrorism in Foreign Countries Act 2015.

In other words, Sosma’s 28 days’ detention without trial would only be applicable to these aforementioned offences. After the motion was defeated, the Royal Malaysia Police swiftly released a statement accepting the fact that Sosma would not be used beyond its expiry date on July 31, 2022. Instead, the CPC and other relevant acts would be used for any potential arrest, detention and investigation pertaining to security offences that fall under the purview of Sosma.

The statement proved that Malaysia’s Criminal Procedure Code is sufficient for the police to address these security offences.

Suaram is of the view that the Criminal Procedure Code is a better safeguard against any potential abuse of power while also granting the police sufficient power to act on security offences.

MPs should also take into account that this was a government motion that was previously defeated, and the matter should only be brought to Parliament again after it has been amended significantly to take into account the previous defeat or brought forward by a different home minister or government.

Since there are only 12 working days for this parliamentary session, the time would be better spent on debating bills such as the Anti-Sexual Harassment Bill and anti-party hopping bill.

SEVAN DORAISAMY

Executive director

Suara Rakyat Malaysia