Home minister admits Sosma should be reviewed, open to discussion

 

PARLIAMENT | Home Minister Hamzah Zainudin today agreed that the preventive detention law Sosma should be reviewed to improve its humanitarian aspects.

Sosma, or Security Offences (Special Measures) Act 2012, currently allows a suspect to be detained by police for 28 days without having to be brought before a court.

In his closing speech at the tabling of a motion in Parliament earlier today where Hamzah (above) is seeking for the Dewan Rakyat's approval to extend a key provision in the Act, the minister noted arguments by MPs who opposed the preventive law and said that some of them “made sense”.

This includes the need to have a schedule that specifies the number of maximum days a detainee can be held under Sosma according to what type of offences they are being investigated for.

“We really need this law (Sosma) especially in dealing with syndicates which pose a threat to our security. This is not only exclusive to terrorism but also other acts that can jeopardise our safety and peace.

“I heard what Puchong said earlier, and yes, I agree that (what he said) made sense. There are things that we can review (in Sosma),” Hamzah said.

He was referring to Gobind Singh Deo (PakatanHarapan-Puchong), who pointed out several human rights issues with Sosma, including denying a suspect from receiving bail.

Gobind said that Sosma should be reviewed to allow a suspect to be brought before a magistrate, or a neutral party, to ensure that there is no abuse of power in the detention.

Hamzah, while agreeing that the issue can be discussed for improvement, stressed that such a review should be done through another series of discussion at a later date.

This was because the motion he tabled today only sought extension for Section 4(5) of Sosma, the minister said.

The provision gives a police officer of the rank of Superintendent and above to detain a person suspected of involvement in activities that pose a threat to national security for 28 days.

The subsection was made as a sunset clause when Sosma was approved in 2012, which was set to expire in five years unless it is renewed by approval of both the Parliament's Lower and Upper Houses.

Fierce fight

Hamzah’s attempt to secure an extension to the provision was, however, thwarted today in a historic event when the opposition managed to defeat the government in a bloc vote.

This came when only 84 MPs voted in support of the renewal, compared to 86 who opposed it. Another 50 MPs were absent.

Prior to the bloc vote, the motion’s debate session saw a total of 19 MPs from both sides of the divide engaging in a fierce fight.

Opposition MPs who were against the extension had focused their argument on Sosma’s detention without trial, while pro-government MPs were mainly stressing that the country needs a strong legal instrument to fight those who threaten national security.

“I would like to state that we should respect the Federal Constitution, and ensure that all citizens in our country are accorded their rights to a fair trial. This Sosma does not guarantee that one can get a fair trial,” said RSN Rayer (Harapan-Jelutong).

Kasthuri Patto (Harapan-Batu Kawan) said that Sosma “overlaps with other laws that are available in the country”, referring to several other laws including the Criminal Procedure Code, which has provisions on detention period and remand orders, among others.

“So why is the need to have this draconian law (Sosma)?”

Nazri Aziz (BN-Padang Rengas) argued that Sosma including its Section 4(5) is still needed to deal with threats of terrorism.

He pointed out cases in recent years where Malaysians had gone to Syria to join terror groups.

“With this law, we can detain these people from going overseas (to commit terrorism),” he said.

“I believe the extension is needed,” said Nazri, adding he will support Hamzah’s motion.

Ahmad Hassan (Warisan-Papar), meanwhile, told Parliament that he supported the extension and related it to Sabah’s need for Sosma to address terrorism threats in the state. - Mkini