KUALA LUMPUR, July 23 — Putrajaya should proceed with repealing the Security Offences (Special Measures) Act 2012 (Sosma) as the law was patently unfair and subject to abuse, said civil liberties lawyer Syahzedzan Johan.
The aide to Iskandar Puteri MP Lim Kit Siang was responding to reports of Prime Minister Tun Dr Mahathir Mohamad saying the law will be removed.
"Sosma is a law intended to address security offences including terrorism, but it has failed to balance this objective with the rights of a suspect as they are sentenced before being charged in court for any wrongdoing,” said Syahredzan in a statement.
"Among the draconian provisions in the law include the detention of a suspect for 28 days without the need for a remand order from the court, during this time the suspect is not given legal access and they are usually pressured into admittance to the crime.”
He said this was both against international conventions as well as common wisdom on efforts to combat extremism.
Citing the United Nations Security Council Resolution 2178 (2014), the lawyer said all member states must ensure measures against terrorism comply with international law and humanitarian law.
It also highlights the respect for human rights, fundamental freedoms and the rule of law.
"It is clear that the enacted Sosma is not in line with international norms,” he said.
"The government is advised to obtain feedback and assistance from stakeholders such as the Malaysian Bar Council, the Human Rights Commission of Malaysia and civil society organisations in formulating any specific law for cases on terrorism to ensure that the law meets international standards, supports human rights and is in line with the rule of law.”
Syahredzan also said that during the debate of the law, the previous Barisan Nasional administration had pledged that it would not be used to quell political dissent.
The lawyer pointed out that this promise was soon broken when the preventive detention law was invoked to hold those such as 1MDB critic Datuk Seri Khairuddin Abu Hassan, lawyer Mathias Chang and activist Maria Chin Abdullah without trial for incidents unrelated to terrorism.
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