PARLIAMENT | Home Minister Saifuddin Nasution Ismail has defended the arrest of a 16-year-old girl under the Security Offences (Special Measures) Act 2012 (Sosma).
While debating the royal address in Dewan Rakyat today, Saifuddin (above) said it was necessary to investigate the teenager, who had been detained with her father, as she was an important witness in an investigation into migrant smuggling.
The minister revealed that her father was identified as an active transporter for migrant smuggling, claiming the man has active links with neighbouring countries.
“We know that migrant smuggling is a serious crime and is definitely a threat to national security.
“So, for the police to complete their investigation within only four to five days is not enough, because it is a very complex case involving smuggled migrants from Myanmar, who were brought to Thailand, and then to Chuping, Perlis.
“The 16-year-old is an important witness in this case. So, the police decided to detain her for nine days before releasing her,” Saifuddin explained.
He was responding to Ramkarpal Singh (Harapan-Bukit Gelugor), who had urged the Home Ministry to expedite promised amendments or the abolishment of Sosma following the girl’s detention.
Why exemption not used?
In a parliamentary sitting on Jan 29, Ramkarpal criticised the teenager’s detention, reminding the government that amendments were urgently needed as they had a duty to prevent further abuse of the law.
The DAP lawmaker also reminded the government that the teenager should have instead been brought to court within 24 hours, as per the provisions outlined under the Child Act 2001.
Bagan MP Lim Guan Eng also questioned why Section 13 of Sosma, which outlined exceptions for women, children, and vulnerable groups, was not applied in this case.
To this, Saifuddin clarified that the exemptions for women and children under Sosma did not apply because they were only related to bail issues.
“Being detained under Section 4 of Sosma to assist with cases of migrant smuggling involves complex cross-border crime.
“So, the exemptions for women and children under Section 13 do not apply in this case because those exemptions are only related to bail issues,” he said.
The teenager was arrested in Kedah on Jan 14 and released on Jan 23.
The girl’s mother said a police officer informed her that her daughter had been taken into custody, along with the girl’s father and several other individuals, to be probed under Sosma and the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.
She also said that her daughter had been vomiting and had suffered skin allergies after over a week of detention.
Review of bail rights, special court
Saifuddin said that he had met with cabinet members last Friday on the proposed amendments to Sosma.
The minister acknowledged that Sections 13 and 30 of the Act had received significant criticism throughout the years, which restricts bail application rights and allows individuals to be detained without bail for prolonged periods.
Saifuddin said the amendments will include reviewing the classifications of charges under the Act, and reviewing the list of non-bailable offences and those where bail may be granted at the court's discretion.
He also suggested the possibility of establishing a special court to handle Sosma cases, considering that such court cases can be lengthy.
“We want to look into the possibility of establishing these special courts to hasten the process (the cases).
“Especially since one of the biggest criticisms towards Sosma is that people can be detained without bail, and are often detained for prolonged periods, which many see as a form of cruelty and punishment,” he said.
Saifuddin assured that more engagement sessions, including consultations with MPs and the parliamentary special select committee (PSSC), will be undertaken before these amendments are tabled in the next Dewan Rakyat sitting.
In December last year, the PSSC on Human Rights, Election, and Institutional Reform had recommended several amendments to the Act, including reviewing Section 4(5) on the 28-day pre-charge detention without judicial oversight.
The committee also recommended that the government refine Section 13, which restricts bail application rights, as it “contradicts the principles of freedom and human rights.” - Mkini
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