HOME Minister Hamzah Zainudin has put in a motion today to extend for another five years the Security Offences (Special Measures) Act 2012 (Sosma) provision which allows for 28 days of detention.

The extension will be effective beginning July 31 this year.

He said that Sosma is the best mechanism in dealing with security threats. 

“Therefore, the effective period of subsection 4(5) of Sosma must be extended for another five years,” he told the Dewan Rakyat today.

Hamzah (Larut-PN) said that since 2012, police have used Sosma for various forms of action in addressing security threat to the country. 

“From 2016 to January 2022, a total of 3,717 people were detained under this act.”

Sub-section 4(5) of Sosma provides power to the police to detain a person suspected of being involved in terrorist activities for a period not exceeding 28 days for investigations.

Sub-section 4(11), meanwhile, states that sub-section 4(5) shall be reviewed every five years and shall cease to have effect when approved by both the Dewan Rakyat and Dewan Negara not to extend it.

Hamzah said that as a law enacted specifically to deal with security threats, this act has the provision of special powers among others under subsection 4(5).

“Namely, persons arrested and detained in accordance with subsection 4(4) may for the purpose of investigation, extend his detention for a period of up to 28 days by any police officer of at least the rank of superintendent of police.

“However, based on my discussions with the police, in fact, 28 days is not enough because the cases investigated are very complex cases, let alone involving terrorist groups and organised crime that have a wide network.”

Hamzah said that there would be certain parties who state that Sosma is a cruel law, but from the view point of national security, it was not the case.

“Those who commit security offences should be subjected to action according to Sosma for the greater public good.”

He also feared that if subsection 4(5) was not extended, then the quality of police investigations would be compromised.

“If the 28 days are not maintained, the quality of police investigations could be affected.

“This is because the investigations will be done in haste, that is within 24 hours to conduct investigations, prepare investigation papers, complete investigation papers and so on.

“Then it has to submit it to the deputy public prosecutor for further instructions.”

Hamzah added that with the advancement of communication and transportation technology today, released offenders are able to hide or flee abroad. 

“What’s more, the suspect may have links to organised crime groups or terrorist groups with extensive networks.”

Ramkarpal Singh (Bukit Gelugor-PH) argued that if the Home Ministry has concerns about elements of safety and security, perhaps a reasonable period could be considered.

He said the Home Ministry could consider 48 hours to 72 hours of detention for a person brought to the magistrate instead of allowing 28 days. 

“Now under the Criminal Procedure Code, we have to bring him within 24 hours, if you are worried about security, then you can extend it to 48 hours, perhaps for a maximum of 72 hours.

“But there is no rationale to extend up to 28 days, which is almost a month. I object to this amendment and hope that the Home Ministry will consider the issues raised by us.” – March 23, 2022.