LAWYERS for Liberty (LFL) has condemned the continued existence of the Security Offences (Special Measures) Act 2012 (Sosma), alleging that Pakatan Harapan (PH), which leads the unity government now, only wanted the law repealed while in opposition. 

Its director Zaid Malek said the coalition made a U-turn upon assuming power. 

“The position held by PH when they were in the opposition (was to repeal), which they immediately abandoned as soon as they got power. 

“Barely a week after taking office, Home Minister Saifuddin Nasution Ismail from PKR declared that Sosma would be retained. It was the mother of all U-turns. 

“It is abhorrent that the so-called reformist coalition is so quick to go back on their promises and principles after holding power, despite making a show to the Malaysian public that they are proponents of the rule of law and fundamental liberties,” Zaid said in a statement today. 

His statement comes following the hunger strike held by families of 69 Sosma detainees. 

He said the rare public gathering of the families of remand prisoners outside the Sungai Buloh prison puts the spotlight on the cruelty and injustice of Sosma. 

“It is harrowing that ordinary family members, including children, have had to resort to this extreme measure of hunger strike as a consequence of the current government’s outright refusal to repeal Sosma. 

“Their desperation in going on the hunger strike exemplifies the cruel and arbitrary nature of this law; it is the only way for these powerless families to voice out in the face of the massive power of the state,” he said. 

Zaid said the long period of detention in the dreadful conditions of Sungai Buloh prison without being convicted is hell on earth for the detainees and their families. 

He said even Prime Minister Anwar Ibrahim had himself complained of the conditions of his imprisonment in Sungai Buloh prison. 

Under section 13 of Sosma, bail “shall not be granted” for a person charged with a security offence under Sosma. 

“This means accused persons are condemned to languish in prison for years while awaiting trial, despite not being convicted. 

“This is a blatant negation of the sacrosanct principle of our justice system, that all persons are innocent until proven guilty. 

“In the event of their acquittal, these lost years and the material and psychological damage done to the detainees and their families cannot be remedied,” Zaid said. 

He added that section 30 also allows further detention of the detainees even if they are acquitted, should the prosecution appeal the acquittal. 

“This would mean many years would have passed before they are released, even if they are acquitted. This is a Kafkaesque nightmare, in direct violation of the fundamental right to life and liberty under article 5 of the Federal Constitution,” he said. 

Zaid emphasised that there is no reason for the continued existence of Sosma.

He said the crimes subject to its application are no different from other crimes and these should be dealt with according to the normal procedure of trials and evidential rule under the Criminal Procedure Code and Evidence Act.  

The abrogation of due process authorised under Sosma has created the current situation of de facto detention without trial, he added. 

Zaid said LFL urges the government to honour its promise of repealing Sosma and to allow the application of normal criminal procedure to apply to all Sosma detainees. 

“This must be announced immediately to allow the families to cease their hunger strike before they suffer serious health consequences and enable the current detainees to seek bail the soonest possible,” the lawyer said. 

He also said the government must suspend the enforcement of Sosma in the meantime.

“A government that is truly premised on reform would not allow the continued existence of laws allowing detention without trial or conviction under their rule,” he said. – August 2, 2023.