Two government MPs today urged the Pakatan Harapan-led federal administration to speed up the reform of the Security Offences (Special Measures) Act 2012 (Sosma).
In separate statements, RSN Rayer and Ramkarpal Singh, both from DAP, reminded the government of its commitment to abolish draconian laws that have been “overdue”.
“When we were in the opposition, we talked about Sosma being a draconian law.
“When the Perikatan Nasional administration wanted to extend Sosma’s sunset clause in 2022, we spoke against it and rejected it. We have always been vocal against Sosma.
“So it is time for us to do something about it, now that we are in the government. My demand is that it must be abolished. It is time for the government to walk the talk,” Rayer (above) told Malaysiakini.
The Jelutong MP cited the plight of nine individuals and their families who allegedly fell victim to Sosma abuse.
He said the suspects were initially arrested separately under Section 326 of the Penal Code, for reportedly causing grievous bodily hurt through the use of weapons.
Following this, Rayer explained that the authorities had allegedly failed to secure remand orders from various magistrates’ courts, including in Kulim, Sungai Petani, and Alor Setar.
The suspects’ families were then informed that the nine individuals were charged under Sosma instead, over “suspicions of involvement in organised crime”.
“This is a clear-cut case of abuse… The purpose of using Sosma is to detain without trial, because they are not entitled to apply for bail.
“All those who have previously been arrested under Sosma - not a single case has gone to trial so far,” Rayer said, adding that the Sosma provision that allows suspects to be detained without trial for 28 days is a violation of human rights.
Bail denial, continued detention clauses
Meanwhile, Ramkarpal, who is the Bukit Gelugor MP, called for Sosma to be abolished or at least amended to remove “various draconian features” in the law.
He said many existing provisions in Sosma are “contradictory to the government’s reformist agenda”, especially sections 13 and 30 of the Act.
Section 13 is a provision that denies bail for individuals detained under Sosma, while Section 30 mandates the continued detention of individuals throughout their entire trial and appeals process, regardless of whether they have been acquitted.
“It is obvious that the said provisions are draconian as they completely remove the discretion of the courts in the granting of bail and the remand of persons acquitted of security offences, which also offends the principle of separation of powers,” he said.
Further, Ramkarpal said he had pushed for the provisions to be amended during his time as deputy law minister in 2023, and cautioned against further delay.
“Since stakeholder engagements have already been held since at least 2023, there is no reason to further delay these amendments, which can easily be done in the next Parliamentary sitting in February 2026.
“In the circumstances, I call on the government to announce if Sosma will be repealed or at least be amended and if so, when, as the matter is long overdue,” he stressed.
Committee urges faster Sosma reforms
Last week, the Parliamentary Special Select Committee on Human Rights, Election, and Institutional Reform recommended several amendments to the Act following a series of meetings with stakeholders.
Its chairperson, William Leong, reportedly said the committee recommended the government undertake eight strategic proposals to improve the implementation of the Act.
He noted that while Sosma was enacted to address offences related to national security, organised crime, and serious threats involving public interest and national sovereignty, its implementation has raised questions from various parties.
Such concerns, he said, cover issues related to justice, transparency, and the protection of human rights, including the issue of detention up to 28 days without judicial review, prohibition of bail, and limited access to legal counsel.
Leong also urged the Home Ministry to consider setting up a shorter timeline to implement the Sosma amendments, so that legal reforms can be executed transparently and in phases. - Mkini
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