Malaysia
Despite preventive detention, Zahid says new anti-terror law not repackaged ISA
Home Minister Datuk Seri Dr Ahmad Zahid Hamidi expects much closer relations with Australia in dealing with border issues, December 19, 2014. u00e2u20acu201d Bernama pic

KUALA LUMPUR, March 4— The proposed Prevention of Terrorism Act (POTA) is not a move to revive the repealed Internal Security Act (ISA), Datuk Seri Dr Ahmad Zahid Hamidi has said despite revealing that the new law will allow for a two-year detention without trial.

In an interview with The Star, the home minister said that the power to detain an individual without trial will be decided by a five-member advisory board.

“The power to detain an individual has been taken away from the home minister and will rest with the advisory board,” Ahmad Zahid was quoted by The Star as saying.

“There is not a single word in the proposed law that allows for its use against any individual or group over differing political ideology or views,” Ahmad Zahid said.

The ISA was enacted in 1960 specifically to deal with the Communist Insurgency then, but was later used on Malaysians and foreigners of all walks, particularly opposition lawmakers.

The home minister said the proposed law would complement existing legislation such as the Security Offences (Special Measures) Act, (SOSMA) and the Penal Code, both of which are applied only after a crime is committed.

POTA uses the Prevention of Crime Act (POCA) as a template and guide, he added.

“It is not a move to revive the ISA as claimed by some people,” Ahmad Zahid said.

The proposed law was first announced in November, when the prime minister tabled a White Paper in Parliament titled “Addressing the threat of Islamic State”.

In January, home minister Ahmad Zahid said that Malaysia needs to enact new legislation to fight terrorism, claiming that existing laws do not have sufficient preventive measures to stop such terrorist acts.

Deputy Home Minister Datuk Seri Wan Junaidi Jaafar also said then that the new law — which is slated to be tabled in Parliament next week — will include preventive detention, punishment and evidential rules, special courts and procedures, and counselling.

However, civil liberties proponents argue that there are sufficient legal safeguards and that the new law bears resemblance to the Internal Security Act, which was repealed in 2012, mainly over elements of arbitrary detention.

They also stressed that preventive detention powers could jeopardise the criminal justice system in the long run with no guarantee on the effectiveness in addressing extremism and violent ideologies.

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