RETAINING the Security Offences (Special Measures) Act (Sosma) 2012 is too high of a price to pay for Malaysia Baru that has vowed to uphold justice and human rights, said a lawyers’ group today.

Lawyers for Liberty director Melissa Sasidaran in a statement said the Pakatan Harapan (PH) government must honour its promise and abolish Sosma without delay.

“This backpedalling under the excuses of ‘national security’ and ‘terrorism’ were similarly voiced by the previous Barisan Nasional government.

“The current government surely needs no reminder of how Sosma was abused in the past, including to target dissidents and the opposition. Oppressive laws cannot magically transform into just and acceptable laws simply because PH is now in power.

“While ‘national security’ and ‘terrorism’ are legitimate concerns for any government, a balance cannot be struck while oppressive laws like Sosma, which promotes torture, oppression and other unlawful means to secure convictions at all cost, are in place.

“This is too high of a price to pay for Malaysia Baru that vows to uphold justice and human rights.”

She said Sosma is a procedural law that excludes fundamental safeguards found in other laws, adding that this 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 persons 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.”

The issue of using Sosma to arrest suspects come to the fore again following the arrest of 12 men, including DAP reps G. Saminathan and P. Gunasekaren, on suspicion of promoting, supporting, channelling funds to and possessing materials related to the Liberation Tigers of Tamil Eelam.

All are being held under Sosma, which allows for detention up to 28 days.

Yesterday, Home Minister Muhyiddin Yassin defended the use of Sosma, saying the law was still needed to fight terrorism on the local and international front.

He also said the PH manifesto did not mention of Sosma being abolished, but that it could be reviewed.

“We still feel that Sosma is needed. We see current issues on terrorism are worrying.

“If we don’t have these legal instruments, they (terrorists) will escape the law and pose a threat to national security.” – October 17, 2019.