KUALA LUMPUR, Oct 24 — Home Minister Tan Sri Muhyiddin Yassin has instructed the police to formulate new standard operating procedures (SOP) to handle detention under laws which are set to be amended or abolished, including the Security Offences (Special Measures) Act 2012 (Sosma) and the Prevention of Terrorism Act 2015 (Pota).
He said the order was to ensure that law enforcement officials did not impede on the right of the rakyat to voice out, assemble and move freely as long as it did not affect public security.
“Today, I received a memorandum from NGO representatives and the next-of-kin of Sosma detainees, regarding the proposal to abolish the Act. With regards to this and as stated in Pakatan Harapan’s manifesto, the ministry established a Special Committee to Study Security Laws in July,” Muhyiddin said in a statement.
Chaired by Home Ministry secretary-general Datuk Seri Alwi Ibrahim and with members consisting of representatives from the Human Rights Commission of Malaysia, the Malaysian Bar, the Attorney General’s Chambers (AGC), the police, former judges, law practitioners and academics, the committee will analyse six pieces of legislation and capital punishment.
Muhyiddin said they include Sosma, Pota, the Prevention of Crime Act 1959 (Poca), Sedition Act 1948, Printing Presses and Publications Act 1984, Peaceful Assembly Act 2012 and the mandatory hanging penalty in all relevant Acts.
“The committee has since conducted three meetings in July and August. A Technical Committee has also been formed to study in further detail the issues raised by the Special Committee, which was done in two workshops conducted in August and September,” he said.
Muhyiddin said among the issues discussed included detention without trial under Poca and Pota, the maximum remand period of 60 days under Poca and Pota and 28 days under Sosma, no room for court evaluation of detainees’ merits under Poca and Pota, overly-broad scope of powers for law enforcers, restrictions on freedom of speech and assembly, and misuse of security laws for political purposes.
“The Special Committee has prepared its report which is now being analysed by the Technical Committee in the AGC. The ministry will prepare a Cabinet memorandum to obtain its member’s decision regarding the amendments or abolition of the security-related laws, based on the views of the committee and the AGC’s analysis.
“Once the Cabinet has decided, the AGC will prepare a Bill to be tabled in the Dewan Rakyat. God willing, a part of the Bill will be tabled in November or at the latest, in the next Dewan Rakyat session,” he said.
