Ramkarpal Singh points out that even the law and institutional reform minister agreed that Sosma may be 'considered unfair' after the detention of a 16-year-old girl.
Ramkarpal Singh (PH-Bukit Gelugor) said minors should be handled based on the Child Act 2001, which stipulates that child detainees must be produced to a court within 24 hours of their detention.
These provisions, he said, are not present in Sosma, which allows for up to 28 days of detention without trial.
“For a long time, I have been urging the government to repeal Sosma or at least amend it because it can be easily abused. Isn’t this (arrest of a minor) an example of Sosma being abused?
“If the 16-year-old girl’s arrest had not been exposed or revealed by her mother and several other parties, would we have known that Sosma was being used against a child?” he said while debating the king’s address in the Dewan Rakyat.
The DAP MP said the 16-year-old girl’s case proved that the law must either be repealed or amended, particularly the provision that allows the authorities to detain a person for 28 days without trial.
Ramkarpal, a practising lawyer, also pointed out that law and institutional reform minister Azalina Othman Said reportedly said that the law was “considered unfair”, after the teenager’s detention.
“So, the ball is now in the home ministry’s court to take immediate action and prevent the abuse of Sosma in the future.”
He also agreed with Tuan Ibrahim Tuan Man’s (PN-Kubang Kerian) suggestion that the government publicise the number of Sosma detainees at any given time.
On Jan 22, FMT reported that the teenage girl was arrested at a roadblock near the Jitra toll plaza in Kedah along with her father and others in a car.
Her mother said the girl was detained under Sosma, and had suffered vomiting and developed skin allergies after being held for a week. She was eventually released on Jan 23.
Yesterday, Malaysiakini quoted Azalina as describing Sosma as “considered unfair” although the law minister maintained she could not intervene in the case involving the teen since it was not under her purview.
She said it was within the home ministry’s jurisdiction to make the necessary changes to the law.
Two days ago, home minister Saifuddin Nasution Ismail said a bill to amend Sosma was at its final stage of review and would likely be tabled at the next Parliament meeting. - FMT
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