Enough laws without Sosma to deal with traffickers, says lawyer

 

Human rights groups and politicians have long criticised Sosma, describing it as draconian because it infringes on the fundamental rights guaranteed in Article 5 of the Federal Constitution.

PETALING JAYA: A lawyer has played down the need for the Security Offences (Special Measures) Act, better known as Sosma, to deal with drug barons and traffickers, saying existing laws are sufficient.

N Sivananthan said these include the Dangerous Drugs Act 1952, the Dangerous Drugs (Special Preventive Measures) Act 1985, and the Dangerous Drugs (Forfeiture of Property) Act 1988.

These laws allow for suspected traffickers to be denied bail until they are acquitted in the High Court, the detention of alleged traffickers for up to 60 days, and the freezing and forfeiture of assets of alleged traffickers.

“Under the Dangerous Drugs (Special Preventive Measures) Act, the executive can order suspected drug traffickers to be detained without trial for up to two years, or to be restricted for two years, and fitted with an electronic device to monitor their movements,” he said.

He said Sosma, on the other hand, was open to abuse as it allows for a person to be detained until the legal process has been exhausted, even if they are acquitted by the lower courts.

He was commenting on an announcement by deputy inspector-general of police Ayob Khan Mydin Pitchay that Sosma was recently used to foil a drug-smuggling ring in Sabah, instead of the usual trafficking charge under Section 39B of the Dangerous Drugs Act.

“It appears that Sosma is being used as a back door to incarcerate suspects on the pretext of ineffective drug laws,” Sivananthan told FMT.

He said the police must do better to secure convictions in court instead of detaining suspects in custody for the longest period possible.

Human rights groups and politicians have long criticised Sosma, describing it as draconian because it infringes on the fundamental rights guaranteed in Article 5 of the Federal Constitution.

However, lawyer Haniff Khatri Abdulla said Sosma could be used against drug traffickers even though it was specifically enacted to check terrorist activities.

He said Section 130U of the Penal Code defines an organised criminal group as comprising two or more persons acting in concert to commit one or more serious offences.

“The police could rely on Sosma as drug trafficking carries the death penalty or, in the alternative, up to 30 years in jail,” he said.

But Haniff said it was important that the police use Sosma only when necessary to help their investigations into organised criminal groups engaged in drug trafficking. - FMT