Hundreds of Sosma detainees go on hunger strike

After Shanti's husband was detained under Security Offences (Special Measures) Act (Sosma) back in March, she was told he would be released after the maximum detention period of 28 days.

He was never freed. Instead, 20 days after he was arrested in April, Shanti's husband passed away in the lockup at the Shah Alam district police headquarters.

"I waited for my husband to be freed. One day, I was told to call the police and they told me, 'Your husband has passed away, please come collect his body'.

"The police said he (died because of a) fever he had for four days while in lockup," Shanti recounted to reporters outside the Sungai Buloh prison today.

Four months later, the 38-year-old mother of two claimed she's yet to receive any further explanation or even a post-mortem report for her husband's death. 

As for why he was arrested in the first place, Shanti (picture, below) alleged the police merely told her they have the "power to detain whoever they suspect".

Shanti (who declined to give her full name or her husband's) was one of about 200 family members of Security Offences (Special Measures) Act 2012 (Sosma) detainees gathered outside the Sungai Buloh prison today to protest the oppressive act.

They hadcome together in solidarity with 215 Sosma detainees being held at the Sungai Buloh prison, who had gone on a hunger strike since 8am yesterday. 

The hunger strike will go on, they said, until the new Pakatan Harapan government holds true to its promise that it will abolish the Act. 

Detainees on hunger strike 

"They will not stop until the government gives its word that Sosma will be abolished or their charges are dropped while the process of abolishing Sosma is ongoing.

"As long as there is no decision from the federal government, they will continue their hunger strike," said NGO Ikhlas president Mohd Ridzuan Abdullah to reporters. 

Lawyer Harpal Singh (picture, below), who is representing at least 19 of the Sosma detainees who are on the hunger strike, said he has written representation letters to the Attorney-General's Chambers (AGC) on this matter.

In the letter, he requested the attorney-general to use his discretionary powers to grant a discharge not amounting to an acquittal (DNAA) to these Sosma detainees, as he argued that the new Pakatan Harapan government had promised in its election manifesto to abolish "oppressive laws" including Sosma. 

The representation letter, dated August 22 and sighted by Malaysiakini stated: "We believe that there is a strong likelihood that proceedings under Sosma will no longer be applicable.

"Therefore, we humbly plead that our clients should not continue to be wrongfully and maliciously detained under Sosma, taking into account the high certainty and probability that Sosma will be abolished."

Harpal said the DNAA would allow the AGC to charge the detainees again at a later date, if necessary, be it under a different Act or under Sosma once more if it is not abolished. 

'We are humans too' 

Gathered outside the Sungai Buloh prison, the family members of the detainees, which includes children, held up banners asking for Prime Minister Dr Mahathir Mohamad's help to save their sons, husbands or fathers.

At one point during a photo session for the press, three middle-aged women standing in one corner of the crowd began yelling as emotions ran high.

"Do you think we are dogs? We are not allowed to go to court?" one of the women shouted.

"We are humans too. Prime minister, please help us," she later pleaded, wiping tears from her eyes. 

At the time of writing, at least 100 of the family members are still gathered outside the Sungai Buloh prison. 

Malaysiakini was made to understand that Sungai Buloh MP R Sivarasa will be present outside the prison at 3pm today. 

In 2012, then prime minister Najib Abdul Razak had announced the repeal of the controversial Internal Security Act 1960 – which critics called superficial as it was almost immediately replaced by Sosma, which allowed for ISA-like detention without trial.

Under Sosma, an individual can be detained without warrant and is denied bail. The police can also delay family access and legal counsel for up to 48 hours after the arrest.

The Act also allows a further maximum detention period of 28 days after the initial 48 hours.

An individual who is arrested under this Act must also be kept in detention until all trials and appeals have been resolved.

In its "Human Rights Report 2017" published this year, Suhakam reported that of the 280 cases of detention without trial recorded in 2017, 269 involved the use of Sosma.

Although abolishing the Act had been once of Harapan's promises prior to the 14th general election, the new government then stated after GE14 that it was reviewing the act.

It was reported that the Home Ministry has set up a special committee, comprising the Royal Malaysian Police, Human Rights Commission of Malaysia (Suhakam) and the Bar Council, to review existing security laws which are said to infringe upon human rights.  

Aside Sosma, other such laws being reviewed are the Prevention of Terrorism Act 2015 (Pota) and the Prevention of Crime Act 1959 (Poca). -Mkini