KUALA LUMPUR, March 30 — The Prevention of Terrorism 2015 Bill tabled in Parliament today is just a repackaging of the abolished Internal Security Act (ISA), opposition lawmakers said.
Chief of Pakatan Rakyat’s (PR) concerns is the proposed law’s prohibition of judicial reviews over the grounds of orders for the indefinite detention without trial.
The Bill states that the courts may only review procedural matters and that the detention orders for terror suspects may be extended from “time to time for further periods” of not more than two years at a time, with no time limit stated.
“After a cursory reading, I find that this is no different from the ISA. Minor adjustments, a threat to very fragile fundamental liberties,” PKR Kelana Jaya MP Wong Chen told reporters at a news conference here.
“Like old wine in new bottle. Precisely,” he added.
PAS Kuala Terengganu MP Datuk Raja Kamarul Bahrin Shah said the prohibition of judicial review raised concerns about how the law will be fairly enforced and that it would not be used against government critics.
“It is another ISA in disguise,” he said.
Wong pointed out that the vague definition of “terrorist” would leave room for the proposed law to be abused.
“Who is a terrorist? Not a simple piece of legislation, serious civil liberty issues involved.
“We will be studying the Bill with our legal team and will be giving daily press conferences on this,” the PKR leader said, adding that the proposed law will likely be debated next Monday.
The Prevention of Terrorism Board, which shall comprise between three and six members appointed by the Yang di-Pertuan Agong, is empowered to order that terror suspects be detained without trial for two years under Section 13(1), if the board is satisfied with the Inquiry Officer’s report that there are “reasonable grounds” to believe that the suspect is engaged in terrorism or supports terrorist acts involving listed terrorist organisations in a foreign country.
The Bill states that no one may be arrested or detained “solely” for their “political belief or political activity”, defined as expressing opinions or acting in a political party registered under the Societies Act 1966, as well as expressing opinions or taking actions against the Malaysian government.
Under Section 13(3), suspects may also be placed under restriction by the police for five years if the Board finds it unnecessary to detain them, with the restriction order extendible from time to time for not more than two years at a time while no time limit is stated.
Electronic monitoring devices will also be attached to those placed under restriction that will be required to reside “within the limits of any state, district, mukim, town or village” specified in the restriction order.
Repealed in 2012, the ISA had been 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.
Home Minister Datuk Seri Ahmad Zahid Hamidi said earlier this month that the Prevention of Terrorism Act will not be misused and that the law is needed to curb militant activities in the country.
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