A DAP lawmaker has criticised Deputy Inspector-General of Police Ayob Khan Mydin Pitchay’s recent backing of the contentious Security Offences (Special Measures) Act 2012 (Sosma).
Labelling the deputy IGP’s remarks as “misconceived,” the party’s Bukit Gelugor MP Ramkarpal Singh said support for the legislation “ignores” the fact that such laws are being used against ordinary citizens, resulting in serious breaches of rights.
“(Ayob) said national security should come first over human rights and that such laws are required to curb acts of terrorism.
“There can be no doubt that national security is a priority, but there are indications that Sosma has been abused against ordinary citizens, which is one of the reasons there have been growing calls for it to be repealed,” the former deputy law minister said in a statement today.
Yesterday, Ayob (above, right) took to Facebook to say that calls to abolish the Internal Security Act 1960 (ISA) and Sosma should be rejected, asserting that human rights must be balanced with the need to maintain national peace and security.
The ISA was repealed in 2012, and the government introduced Sosma as part of a new security law framework.
“Don’t be so fixated or ‘obsessed’ with ‘human rights’ (to the point that) national security is sidelined. Don’t have regrets only after a large-scale terrorist attack, like those in neighbouring countries or internationally, instead happens (here),” Ayob warned in his post.
“The Special Branch managed to foil attacks because Malaysia had the ISA. There’s no use for regret after an attack has happened and innocent lives are lost,” he added.
Ayob’s post also commemorated the 24th anniversary of the police’s Special Branch against the Jemaah Islamiah group on Dec 9, 2001.
The operation, he detailed, uncovered a militant network linked to Al-Qaeda that had planned attacks in Southeast Asia, including Malaysia.
‘No more stalling’
Last week, Ramkarpal called for Sosma to be abolished or at least amended to remove “various draconian features” in the law.
His stance was backed by fellow DAP parliamentarian RSN Rayer, who said the government needs “to walk the talk,” referencing Pakatan Harapan’s “overdue” promise to abolish draconian laws.
Reiterating his position on the matter today, Ramkarpal, who is also the chairperson for DAP’s legal bureau, said Harapan cannot stall any longer on its commitment to repeal Sosma or, at the very least, amend disputed sections.
“Statistics during my time as deputy law and institutional reform minister showed that the majority of those charged for Sosma-related offences between 2019 and June 2023 chose to plead guilty due to the long wait for trial dates, since bail is limited in such cases under Section 13 of Sosma.
“Other draconian aspects of Sosma include allowing the police to detain suspects for up to 28 days without obtaining a remand order from the court, thereby preventing judicial oversight of the remand process (Section 4(5)) and the mandatory remand of those acquitted upon an application by the public prosecutor (Section 30),” he added.
On Dec 3, a parliamentary special select committee (PSSC) recommended several amendments to Sosma, following a series of meetings with relevant quarters.
PKR MP William Leong, as the PSSC on Human Rights, Election, and Institutional Reform chairperson, said the eight strategic proposals put forth by the committee in a report are aimed at improving the implementation of the Act.
He cautioned, however, that any amendments to the Act should be considered carefully to avoid affecting the nation’s ability to maintain security and public order.
The Home Ministry, Leong said, should also set a shorter timeline for the implementation of amendments to Sosma to ensure that legal reforms can be executed transparently and in phases. - Mkini
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