KUALA LUMPUR, April 10 ― Former law minister Datuk Zaid Ibrahim questioned today if the new Prevention of Terrorism (Pota) Bill aimed at combatting terrorism would be used against ordinary civilians, over a clause in the controversial law which allows for indefinite detention without trial.

Zaid stressed that it is “foolish” and “irresponsible” to hope Pota would not be abused like the now-abolished Internal Security Act (ISA).

“What guarantees do we have that the new law will not be abused? From what I can tell of the written Bill, none at all; and it is foolish and irresponsible to hope that “good sense” will prevail not just now but for as long as such a law remains on the books,” he said in his column published by The Star.

Zaid said that while harsh laws are needed to combat terrorism, there still is a need to cap the powers of Pota.

“In other words, we should not oppose preventive detention under any circumstances, because sometimes extraordinary measures are required to protect society.

“It’s not in the interest of the government to abuse the detention powers. It’s better however to if there are limits on the powers of the Prevention of Terrorism Board, which according to the Bill possesses sole power to issue detention orders of two years’ duration on suspects brought before it,” Zaid explained.

 Zaid pointed out that Section 17(1) of the bill grants the board power to renew its own detention order for a further two years and restriction orders for five years, and that there in the bill which prohibits the board from renewing the detention orders indefinitely.

“In other words, the Bill deprives any accused person the right to judicial remedy, and without these remedies ― which are the cornerstones of justice-abuse of power via illegal detention becomes possible because it concentrates power in a board that effectively operates outside the law,” he added.

As a “compromise solution” Zaid urged Home Minister Datuk Seri Dr Ahmad Zahid Hamidi to allow an accused the right for a full judicial review upon a 12-months detention period, stressing that the court must be allowed to see evidence for continued detention and the detainee must be given his or her day in court.

“If the review is not successful, the person could be detained for another 12 months. After that he should either be charged or released,” Zaid said, adding that if the rule is not adopted, Pota will be a rebirth of the ISA.

“We are all equally responsible for the peace and security of our country and we have an important choice to make: in combating terrorists who use violence and fear, do we become something like them by rejecting the Rule of Law in favour of extra-judicial powers to detain people indefinitely without charge?” Zaid asked.

On April 7, Pota was passed without amendment at the Dewan Rakyat at about 2.25am after a debate of more than 12 hours.

The Bill was passed after the ninth block voting, with the final voting favouring the government when 79 MPs from Barisan Nasional (BN) supported the Bill while 64 MP from PR rejected it.