THE New Malaysia is into its second year, and the euphoria surrounding the expected reforms has waned.

The battle cry to ensure that the rule of law is supreme, however, remains, now that we have new custodians helming the criminal justice system.

Although progress seems slow to many, we should get to the required destination of reform in due course. Better late than never.

It is, however, quite worrying that the authorities seem to have sidestepped the rule of law in taking a light stand on the issue of returning fighters from Syria.

It is ill-advised and an opaque approach to take them back with the promise of merely keeping an eye on them!

It is opined that these individuals should be treated as criminals. Thorough investigations must be carried out transparently and in accordance with procedural law.

It must include whether they had committed murders, were in illegal possession of firearms and ammunition, had caused hurt with or without weapons, had raped or molested, and the manner of damage to property at the material time.

It must encompass all aspects of war crimes as defined internationally. And if they had committed crimes in Syria, our government is obliged to look into whether they need to be returned to the authorities there to face justice.

Using preventive laws would be the appropriate approach here, but these laws are outdated and no longer relevant in a modern, democratic society.

Transparent criminal proceedings would be better, as they show the world that we neither condone such participation by our citizens nor do we tolerate other Malaysians going down the same path.

A firm hand is imperative as an effective deterrent, and the whole process must be made accountable in a court of law.

The fact that they chose to take up arms and wage war in a foreign country makes them more dangerous than the common criminal. They would have acquired these arms and ammunition illegally, killed others, carried out other criminal acts.

How did they get the weapons and ammunition? What has happened to the weapons and ammunition? Who were their intermediaries? Who sponsored them? There is a lot to answer in keeping with the rule of law.

They should be arrested, detained, interrogated and subjected to criminal proceedings for the relevant offences. It can range from the intention to commit criminal acts, to acquiring arms and possibly treason.

Evidence can be adduced that the mens rea of preparation and covert acts of communication in executing the said preparation began here.

All these should be made transparent during court proceedings. In short, the courts play a pivotal role.

Our prison system and police can then work hand in hand, officially and systematically, to rehabilitate and subsequently reassimilate them into society.

This can only happen after due process is completed. – May 23, 2019.

* G. Selva reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.