NSC bill paves the way for reverse coup, says lawyer

Matthias Chang speaks during the forum on the National Security Council Bill in Kuala Lumpur today. – The Malaysian Insider pic by Seth Akmal, December 18, 2015. 

The National Security Council Bill paves the way for a reverse coup where the government can take control of the military to stay in power forever, warned a prominent lawyer and critic of Prime Minister Datuk Seri Najib Razak,

Matthias Chang, whose arrest under anti-terrorism laws was severely criticised, said with the bill, the prime minister could declare a state of emergency and use it to not hold the general election.

“The only aim of this law is to put in place a way to have a reverse coup d'etat. Our legal arguments and objections against it are irrelevant,” said Chang.

“This is the government’s modus operandi and it does not matter whether it is unlawful or unconstitutional.

“With a normal coup, the military takes over the government. But with this law, the military is taken over and used by the government,” Chang told the forum “National Security Council Bill – chain of command compromised?” in Kuala Lumpur tonight.

Chang was arrested in September in connection with a campaign against 1Malaysia Development Berhad (1MDB), a firm whose advisory board is led by Najib.

Najib is being pressed to step down over the 1MDB and RM2.6 billion political “donation” scandals. He denies wrongdoing but has attempted to silence his critics.

Chang had accompanied his client Datuk Khairuddin Abu Hassan as they made reports with anti-money laundering agencies in several countries against 1MDB when both of them were detained under the Security Offences (Special Measures) 2012 Act (Sosma).

They were released in November and the High Court ruled that their offence was not a security offence.

Chang’s experience is one of the main reasons that activists are unconvinced by the Najib administration’s assurances that the NSC bill will not be used against political dissidents.

When it was tabled, the government also assured the public that Sosma was only meant for use against terrorists and armed militants.

The NSC bill would give effective command of the military to the National Security Council that is headed by the prime minister.

It would also give powers to the council to arrest anyone without a warrant once an area is declared a security area due to national security.

The bill gives the prime minister the power to impose “emergency-like” conditions, without the same legal safeguards.

National Human Rights Society Malaysia president Datuk Ambiga Sreenevasan said what constitutes national security under the bill was vague and wide, and this could also encompass legitimate protests and critics.

“When national security is up to the prime minister, it can still be used against political dissidents,” said Ambiga.

Ambiga, also a panellist at the forum, said the law was clearly illegal and unconstitutional because under the constitution, the Yang Di-Pertuan Agong had powers to declare an emergency and command the military.

- TMI