MARCH 23 — Suara Rakyat Malaysia (Suaram) finds that the tabling for the extension of the Securities Offenses Special Measures Act (Sosma) that allows detention without trial laws at the eleventh hour in Parliament is not only a mockery to human rights and the right to a fair trial but also a gross failure for a nation that sits on the United Nations Human Rights Council.

As Suaram has previously documented and reported, we find that the usage of the Sosma is ineffective as a deterrent towards violent extremisms or crimes against the state. Rather it is merely used as a procedural tool to circumvent the judicial system in meting out punishment without due process. Furthermore, it prevents detainees from their right to representation, redress or from participating in the judicial process, even as witnesses. At the same time, Suaram also found that the use of Sosma was widely used on young offenders. It is not difficult to conclude that Sosma is used and abused to maximise the period of detention of suspects for reason that only police themselves would know.

Additionally, the broad definitions of the act make it as an easy target for abuse at the hands of the police as observed in the case of:

Lim Kian Aik and R. Nathan were detained under Sosma in November 2020 for allegedly sabotaging water services in Selangor. The justification is given to place the offence of sabotaging water services under Sosma is that the charge was framed under the Section 124K of the Penal Code which belongs to Chapter IV (Offences Against State) which is under the purview of Sosma. Subsequently, in a landmark decision made by the Court of Appeal in August 2021, the court has decided that sabotaging water service is not a security offence and therefore the strict bailable conditions of Sosma does not apply to the 2 accused

Suaram finds that the tabling for the extension of Sosma that allows detention without trial laws at the eleventh hour in Parliament is not only a mockery to human rights and the right to a fair trial but also a gross failure for a nation that sits on the United Nations Human Rights Council. — Reuters pic

When Sosma was first passed by the Parliament in 2012, it was touted as a bill to counter-terrorism, and this is the pretext given by the government at that time for Sosma to circumvent the Criminal Procedure Code. The government has also argued on the supposedly limited scope of what offences being allowed under Sosma is what separates them from the much-discredited ISA. Yet from the case of sabotaging water service, the broad definition of what amounts to security offences under Sosma has clearly extended beyond combatting terrorism or preserving national security. Years of monitoring and documentation from Suaram suggested that Sosma has been abused by the executive by being used increasingly for other crimes.

Furthermore, the provision in Sosma that the law will not be used against Malaysians solely for their political beliefs or political activities does not hold up to scrutiny given that Sosma has the notorious history of being used to detain political dissidents such as Khairuddin Abu Hassan, Matthias Chang and Maria Chin. Equally, the home minister recent announcement that Sosma can be used to deter free speech in the name of protecting public order does not inspire confidence and further lends credence that Sosma could be utilized for matters beyond national security.

In the NAPPCVE, the government had committed to Sosma being subjected to a parliamentary debate and vote in 2022 under its mandatory sunset clause. Yet the tabling of the Sosma through such a backdoor means is telling of how exactly committed the government is in protecting the right to a fair trial for every Malaysian. This is despite the commitments made in the NAPPCVE and in the 12th Malaysia Plan regarding SDG 16 on building stronger institutions and laws, the current government is still intent on its mission to deprive Malaysians of their right to natural justice and due process.

Suaram believes the Criminal Procedure Code has a more transparent and more consistent approach towards investigations, bail and remand procedures. What is sauce for the goose is sauce for the gander, and ought to apply for all alleged crimes regardless of the nature of the crime, background profile of the accused, or their purported affiliations.

We call on all Malaysians, including lawmakers to nip this inhumane experiment at the bud and end the trial of this act that robs citizens of their right to trial.

Let parliamentarians have more time debating in the extension of the use of Sosma and Suaram sincerely believes there is no place for procedural detention without trial laws in Malaysia. Scrap Sosma now. Fair trials for all.

In Solidarity,

Sevan Doraisamy

Executive Director

Suaram

* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail.