ACTIVISTS and civil society groups are perturbed with the continued use of the Security Offences (Special Measures) Act (Sosma) that permits detention without trial.

They said the draconian law must be repealed for its violation of human rights, adding that there are sufficient provisions in the other laws to provide powers for the police to discharge their function effectively.

Activist-cum-lawyer Ambiga Sreenevasan told The Malaysian Insight that it’s ridiculous to have such an oppressive law still on the books.

“I do not deny we need security laws but they must be supervised by the courts and there must be judicial oversight.

“As it stands, it can be abused. It also means the authorities do not have to have a solid basis for the initial detention.

“By all means have laws to fight terrorism but why do we have laws that are even more draconian than other countries where the terrorist threat is more severe?”

Dobby Chew from Suara Rakyat Malaysia (Suaram) concurred, adding that Sosma has problematic provisions that grant extended detention of 28 days as opposed to the other traditional laws which only allow for 14 days of remand with a magistrate’s approval.

“The trial process under Sosma also raises doubt as to whether there can be a fair trial.

“Detainees are also denied bail with application by prosecution with no judicial discretion,” Chew told The Malaysian Insight.

The use of Sosma has been in the news again after the police detained 12 men, including two DAP assemblymen, under the preventive law over their alleged links with defunct terror group Tamil Tigers (LTTE).

Last week, Prime Minister Dr Mahathir Mohamad backed police’s use of the law to arrest the 12 suspects.

Home Minister Muhiyiddin Yassin, meanwhile, said Malaysia can’t do away with Sosma as it is still needed to fight terrorism on the local and international front.

He also said in the Pakatan Harapan manifesto, there was no mention of Sosma being abolished but only a review.

Early this month, police arrested the 12 men, including DAP reps G. Saminathan and P. Gunasekaren, on suspicion of promoting, supporting, channelling funds to and possessing materials related to the LTTE.

All are being held under Sosma, which allows for detention up to 28 days without formal charges.

Mocking rule of law

Under Sosma, the police can arrest and detain suspects for security offences. The police also have the power to “suspend” detainees’ right to meet their family and lawyers for up to 48 hours.

There is also no bail for those arrested under Sosma and detainees will remain in custody until the conclusion of all legal proceedings including appeal.

Lawyers for Liberty director Melissa Sasidaran said Sosma is a procedural law that excludes fundamental safeguards found in other laws, adding that the law allows for a show trial that will almost inevitably lead to a conviction.

“This makes a mockery of the rule of law and our criminal justice system. Sosma falls far short of international standards of fair trial, which is a fundamental right that must be accorded to anyone facing a criminal charge.”

Melissa said Sosma acts unfairly against the accused during the trial stage where evidence that is normally inadmissible is admissible in a Sosma trial.

These include evidence obtained by oppression, torture or even fabrication as the “evidence” tendered will be admissible.

She also said the accused will not be able to challenge or cross-examine most of the evidence admitted under Sosma as it allows for a protected witness to give evidence in anonymity, thus contravening basic standards of a fair trial.

“In short, a trial under Sosma is fundamentally flawed as it allows for secrecy and questionable evidence against the accused persons that they cannot challenge,” said Melissa.

Ambiga also said the past abuses of Sosma stand as clear evidence of how it can be used for political purposes.

“This government is letting us down badly in relation to reform of oppressive laws.”

She added that this is despite the fact Sosma had in the past been used against some of them.

Chew said the country needs functional and legitimate law and policy to deal with terrorism.

“If the government is genuine in tackling terrorism, it needs to have holistic policy on countering violent extremism and deradicalisation programme,” she said while denouncing Sosma. – October 21, 2019.