THE recent decision of Putrajaya not to review the Security Offences (Special Measures) Act 2012 (Sosma) has drawn flak from rights groups and Pakatan Harapan politicians.

Before Sosma, there was the Internal Security Act (ISA) 1960. Klang MP V. Ganabatirau was among the five Hindraf leaders who were detained under the latter.

“I was detained without trial for 455 days. I know what these men have gone through and it upsets me that people still believe that Sosma shouldn’t be abolished,” he told reporters yesterday after inking a memorandum to Home Minister Saifuddin Nasution Ismail asking for the legislation to be reviewed.

The Malaysian Insight explains what the law is about.

What is Sosma? 

Sosma was enacted to replace the ISA. It was introduced by then prime minister Najib Razak and gazetted on June 22, 2012.

The law was created under article 149 of the Federal Constitution to raise internal security, including preventing acts of terrorism, sabotage and espionage.

The first three Sosma detainees were Yazid Sufaat, Halimah Hussein and Mohd Hilmi Hasim over alleged terrorism in 2013.

That same year, Sosma was used to apprehend 104 Filipinos linked to Jamalul Kiram III in the Lahad Datu siege. Jamalul’s family members, who had entered Sabah using fake documents, were among the people arrested.

In 2016, the Barisan Nasional government was widely condemned for its abuse of Sosma by human rights groups after 15 activists were detained for participating in the Bersih rally.

Maria Chin Abdullah, the watchdog’s former chairman, was among of the 15 detainees.

Following the arrests, 80 civil rights groups called for the abolition of “draconian” Sosma.

PH promise

In its 2018 election manifesto, Pakatan Harapan (PH) said it would abolish oppressive laws but its then chairman Dr Mahathir Mohamad said the coalition did not promise to repeal Sosma.

After PH won the general election, it did not abolish the law.

Then law minister, the late Liew Vui Keong told reporters in 2019 that Putrajaya sought to review, not repeal Sosma.

“We are looking into reviewing the arrest provision for a remand period of 28 days, and giving detainees access to legal counsel,” he said.

“But like it or not, we still need security laws in the country. We will have issues with security if we are not careful.” 

He was speaking after Sosma was used for the detention of 12 people for alleged links to the Liberation Tigers of Tamil Eelam. Two DAP assemblymen were among the detainees.

Then prime minister Dr Mahathir had said then that Putrajaya was looking to amend draconian laws, including Sosma.

“We will look into amending sections such as detention without trial as soon as possible to prevent abuse,” he said. 

Detention without trial

In March, then home minister Hamzah Zainudin said the government would extend for five years the Sosma provision allowing 28 days of detention without trial.

The extension is effective beginning July 31.

Sub-section 4(5) of Sosma gives 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) states that sub-section 4(5) shall be reviewed every five years and shall cease to have effect when the two Houses agree not to extend it.

However, the motion was rejected after 86 lawmakers voted against the bill.

But four months after the bill was defeated, the Dewan Rakyat approved it via a division vote.

This was the second time the Dewan Rakyat had voted to extend Sosma’s sunset clause, sub-section 4(5), after the law was enacted in 2012. The first extension was in 2017.  

The vote was held after the House voted on March 23 not to extend clause 86-85. Forty-nine MPs were absent. 

PH backtracks again

Newly minted Home Minister Saifuddin Nasution Ismail has agreed with his predecessor Hamzah that the government will not be reviewing Sosma.

The senator said the law could be reviewed in the future but not now.

“My stand is that laws are dynamic and not static, and we have parliament to formulate and amend laws.

“We need to respond to the situation from time to time. And should it be amended now? No. This is my principle and stand at the moment,” he said when asked to comment on DAP deputy chairman Gobind Singh Deo’s call for him to reconsider his statement on Sosma. – December 21, 2022.