A CLAUSE under the Security Offences (Special Measures) Act 2012 (Sosma) that allows detention of up to 28 days without trial should not be renewed as it is in breach of civil liberties, rights advocates said.

They said the draconian law gives too much power to the police and is often misused.

Others such as lawyer Mohamad Haniff Khatri Abdulla said Home Minister Hamzah Zainuddin could retable a motion to renew the clause before it expired on July 1.

He said it would be smart for Hamzah to amend the provision that allow 28 day of detention without trial.

“Hamzah is right in that he can retable the act in parliament; he has four months before subsection 4(5) of Sosma expires,” the lawyer told The Malaysian Insight.

The subsection allows for a person to be detained for 28 days without trial. 

Haniff, however, said that if Hamzah wants the law to stand a chance of being passed by parliament, he should approach the Attorney-General’s Chambers to amend subsection 4(5).

Haniff said Sosma should be amended to allow detention of seven days without trial, a period that could be extended with a court order.

“Before the seven-day period expires, take it before the magistrate and explain why you need more days. 

“While we want control when it comes to terrorism cases, we don’t want (the law) abused and we want checks and balances and the court is the best device for that.”

Subsection 4(5) of Sosma is the only provision in the law that has a sunset clause, meaning it has to be renewed every five years. It will cease to exist if both the Dewan Rakyat and Dewan Negara do not extend it.

“Former attorney-general Gani Patail put in this clause because of how extreme the law is,” said Haniff.

Last week, Hamzah failed in a bid to renew the Sosma provision. It was rejected 86-84 in the Dewan Rakyat. Speaker Azhar Azizan Harun noted 50 MPs were absent.

Under the criminal procedure code (CPC), the police are allowed to detain an individual for 24 hours, after which they are required to ask a court to ask for an extension of the detention if they need more time to conduct an investigation.

Unethical law

Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamay was against renewing the clause.

“It was voted out and it’s unethical to bring it back again for a vote. Hamzah must move on,” Sevan said.

“The IGP (Acryl Sani Abdullah Sani) has spoken, indicating that the police are ready to move on after the vote in Parliament. He has indicated what laws will be used post (failure to renew clause).”

Last week, Acryl said the police will comply with the Dewan Rakyat’s decision not to extend the provision.

He said from July 31, the police would no longer enforce sub-section 4(5) under Sosma.

Sevan said the law was against democracy and human rights and should be put to rest.

“Excessive remand days and without court process are against human rights. It’s a procedure that undermines the court process and judicial system and its role.”

On whether the government should look into reducing the detention period, he said Sosma has been misused again and again.

“It’s better to repeal it. There are sufficient existing laws under the penal code for security matters.

Citizens Against Enforced Disappearances spokesman Rama Ramanathan said there was no need for laws like Sosma.

“No. It’s clearly draconian. It has resulted in many being detained who should never have been detained.

“It’s stacked too much in favour of the police. It’s subject to misuse,” he said.

Rama said that allowing the provision for 28 days of detention to be renewed showed disregard for human rights.

Rama said the period of detention should be reduced and resources should be redirected to investigate complex cases.

“If other nations’ cops can do it, why not our police? Investigating officers are overworked and incapable of functioning effectively.

“Only a change in the law will awaken senior police officers to redirect resources and end abuses.

“Or else they will continue under the protection of impunity and immunity from investigation for misuse of powers.” – April 1, 2022.