
In defending the PCA amendments, Awang Selamat, the collective voice of the daily’s editors, shot down the protests outside Parliament yesterday, observing that there was a lack of effective laws to fight crime after the repeal of ISA and Emergency Ordinance laws in 2011.
But amid concerns over new preventive detention powers, Awang appeared to back such powers as necessary to instil confidence in the public of their safety in Malaysia, noting the spike in crimes involving firearms that had caused Malaysians to be in fear.
“The view that the amendments to the PCA is to bring back ISA, is uncalled for. Those who think so should object or step forward with sound ideas to give the best method to curb serious crimes, not just state their objection.
“The government has given the explanation that detention powers that will be given following the amendments will be issued by the Prevention of Crime Board to ensure that it won’t be abused and when needed, the detention order can be reviewed in the High Court,” Awang wrote in his column today.
“What else?” he then asked, after pointing out Putrajaya’s arguments of clauses in the proposed amendments that would safeguard the rights of suspected criminals.
Awang was referring to the creation of a three-man Prevention of Crime Board that will have the powers to issue orders for detention without trial for up to two years, with supporters of the PCA amendments pointing out that the powers will not be wielded by the home minister.
Although those who defended the new PCA clauses said that the Board’s decision on detention orders could be reviewed by the High Court, lawyers have said that an ouster clause in the amendments would limit such judicial reviews to procedural matters only, instead of allowing the courts to look into the merits of the case.
Yesterday, Malay rights group Perkasa suggested that those fighting against the return of preventive detention and the latest PCA amendments might be doing so because they had plans to create chaos in the country, or that they wanted Malaysia to be in chaos.
In a statement here last night, Perkasa Youth chief Irwan Fahmi Ideris said the entire leadership of the right-wing group was solidly behind any decision to reintroduce laws suchh as the repealed ISA or amendments to the PCA as it would be for the benefit of Malaysians.
“If no offence has been committed, why is there a need to fear (the PCA)?” he asked.
Civil society groups and opposition lawmakers are up in arms over the tabling of amendments last week to the Prevention of Crime Act (PCA) 1959 that seek to reintroduce preventive detention powers, which were lifted after Prime Minister Datuk Seri Najib Razak repealed the colonial-era Internal Security Act (ISA) and Emergency Ordinance (EO) in 2011.
Several civil society groups protested at a gathering outside Parliament here yesterday against the proposed reintroduction of preventive detention, calling it “draconian” and an affront to human rights.
Datuk Ambiga Sreenevasan, former Bar Council president and co-chair of the Bersih electoral watchdog movement, said Putrajaya should increase the salaries of the police and improve their facilities, instead of relying on preventive detention laws to fight crime.
“We want to help the police, but not with this legislation,” Ambiga told some 50 protesters at the anti-PCA rally outside Parliament House.
“In other countries, there is no preventive detention to fight crime,” she pointed out.
But Prime Minister Datuk Seri Najib Razak has himself sought to allay fears that the reintroduction of preventive detention will lead to a return to the “draconian” days of the ISA, insisting that such powers will not be used to punish political dissidence.
Speaking in New York yesterday, where he is attending the United Nations General Assembly, Najib said the powers to detain individuals without charge or trial for up to two years at a time would be removed from the hands of the home minister under the new amendments.
“But this time (under the amended PCA), the decision will be made by a judge. So, if the police were to arrest anyone, they have to convince the judge that the particular individual should be detained,” national news agency Bernama quoted him as saying yesterday.
“And we will make sure that no one will be victimised.”
Come up with better ideas, Utusan tells PCA critics
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Tuesday, 01 Oct 2013 11:52 AM MYT