KUALA LUMPUR, March 30 — The Prevention of Terrorism 2015 Bill tabled in Parliament today prohibits judicial reviews of the grounds of orders for detention without trial, which can be extended indefinitely.
The proposed law states that judicial reviews can only be made on procedural matters and that the detention orders for terror suspects can be extended from “time to time for further periods”, not more than two years at a time, with no time limit stated.
“There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Board in the exercise of its discretionary power in accordance with this Act, except in regard to any question on compliance with any procedural requirement in this Act governing such act or decision,” reads Section 19(1) of the Prevention of Terrorism 2015 Bill.
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 can 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.
No police officer shall be appointed as the Inquiry Officer, according to the Bill that states that the minister can appoint “any person by name or office” as the Inquiry Officer.
Under Section 13(3), suspects can also be placed under restriction by the police for five years if the Board finds it unnecessary to detain them, with the restriction order extendable 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.
Suspects whose movements are restricted are also prohibited from using the Internet and from leaving their area of residence without written permission from the police, besides being required to report to the nearest police station at specific times. They are also not allowed to move elsewhere without written permission from the Board.
Under the Bill, a registry shall be kept comprising the names of suspects placed under restriction or detention.
Those under the registry can be punished with a jail term of maximum five years, or a fine not more than RM10,000, or both, if they cannot account satisfactorily for their presence when found in any “public place” or in the “neighbourhood of any place of public entertainment” from sunset to sunrise.
The police can also take photographs and finger impressions of those under the registry that will be sent to the Registrar.
Those undergoing detention who are sentenced to imprisonment under the law or any other law shall have their detentions, or extended detentions, run concurrently with the jail term and upon the end of the term, they will continue to be detained if there remains “any unexpired portion” of the detention period.
“Neither the person who is the subject of the inquiry nor a witness at an inquiry shall be represented by an advocate and solicitor at the inquiry except when his own evidence is being taken and recorded by the Inquiry Officer,” reads Section 10(6).
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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