Malaysia
Anti-terror law gives home minister too much power, Pakatan MPs say
File picture shows Home Minister Datuk Seri Ahmad Zahid Hamidi.u00e2u20acu201d Picture by Siow Feng Saw

KUALA LUMPUR, March 31— The Prevention of Terrorism Bill tabled yesterday puts too much power in the hands of the home minister, and can be easily abused, opposition lawmakers said today.

PKR’s Wong Chen and PAS’s Datuk Raja Kamarul Bahrin Raja Shah said if the Bill is passed, it would give Datuk Seri Dr Ahmad Zahid Hamidi “unfettered powers” to define who is considered a terrorist, apart from getting full discretion to order a suspect jailed indefinitely without trial.

“A terrorist organisation is defined under the Anti Money Laundering and Anti Terrorism Financing Act 2001 which is defined by the Home Minister under section 66B of the Act.

“Under 66B, the Minister has the power upon his satisfaction, with information given by a police officer, declare any organisation a terrorist organisation,” the Kelana Jaya MP said at a news conference at the Parliament lobby.

Raja Kamarul also pointed out that under the new law, the selection of the Inquiry Officer is under the purview of the home minister.

“We suggest both powers of defining a terrorist organisation and also the appointment of the inquiry officer be transferred to the Prevention of Terrorism board,” the Kuala Terengganu MP said.

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.

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.

Those undergoing detention who are sentenced to imprisonment under the law or any other law shall have their detention, or extended detention, run concurrently with the jail term and upon the end of the imprisonment 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).

Zahid 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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