KUALA LUMPUR, Jan 2 ― The Pakatan Harapan (PH) government has come under fire for its insistence on keeping the Security Offences Act 2012 (Sosma), the Prevention of Crime Act 1959 (Poca) and the Prevention of Terrorism Act (Pota) 2015.
Lawyers for Liberty executive director Latheefa Koya chided Home Minister Tan Sri Muhyiddin Yassin for taking the easy way out by claiming that abolishing the laws will give rise to gangsters and terrorists.
She said in a statement that Muhyiddin’s reason for keeping the laws sounded like an excuse the previous Barisan Nasional (BN) government would give.
“The government must not backpedal on its promise to rid Malaysia of the BN regime’s terrible legacy of oppressive laws.
“The Pakatan Harapan (PH) manifesto explicitly promised to repeal Poca, Sosma and Pota. It is unacceptable for the new government to breach these promises relating to fundamental liberties,” she said.
Reminding Muhyiddin that he had also reiterated PH’s election manifesto promise on May 22 to repeal the law, Latheefa said she found it disturbing that PH leaders who had fought against detention without trial while in the Opposition, were now silent on the matter.
“We remind the government that when it comes to abolishing or amending oppressive laws such as the Sedition Act, Communications and Multimedia 1998, Peaceful Assembly Act, Sosma, Poca and Pota they have not honoured a single promise except in the failed attempt to repeal the Anti-Fake News Act,” she added.
Muhyiddin had said at the Parti Pribumi Bersatu Malaysia (PPBM) annual general meeting on Sunday that the government will retain the laws.
“There are those who are a threat to national security if they are in terrorist groups or they are surrounded by big gangsters. In the end, it will bring a bad impact on the people and the country,” said the PPBM president.
Civil liberties lawyer Syahredzan Johan also urged the government to reconsider its decision to retain the two laws.
“Sosma contains provisions that are contrary to the rules of evidence and these provisions must be removed to ensure a Sosma detainee is given a fair trial. If amendments are made, we can keep the 28 day remand but by way of a Court order and not through police powers.
“Although it’s not impossible to amend Sosma, such an exercise requires a total overhaul of the law,” he said, referring to Muhyiddin’s announcement that the laws will be retained.
As for Poca, Syahredzan said no amendment can “rescue” Poca from being an unjust and repressive law.
Poca allows for detention without trial and such legislation is an affront to the rule of law.
“Poca isn’t needed as the authorities have the expertise and resources to investigate offences relating to public order,” said Syahredzan, who is also a political secretary to DAP veteran Lim Kit Siang.
