Not reviewing Sosma a cause for concern, says Suhakam

 

Suhakam has called for Putrajaya to balance between having laws that protect the country’s sovereignty while upholding human rights principles.

PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) is concerned over home minister Saifuddin Nasution Ismail’s defence of the Security Offences (Special Measures) Act 2012 (Sosma).

Suhakam chairman Rahmat Mohamad said Section 4 of Sosma, in which arrest, detention and renewal of the detention period do not require judicial oversight, was especially worrisome.

“The absence of judicial oversight allows the executive and police free rein to abuse such power against citizens, human rights defenders, and political dissidents,” he said in a statement.

Rahmat also reiterated Suhakam’s call for Putrajaya to balance between having laws that protect the country’s sovereignty while upholding human rights principles.

“Human rights and national security are not mutually exclusive, nor are they in conflict with each other. Instead, they are interrelated and complementary,” he said, maintaining that detention without trial went against the core principles of human rights.

He was referring to sub-section 4(5) of Sosma, which enables the police to detain a person suspected of being involved in terrorist activities for a period not exceeding 28 days for investigations.

On Tuesday, Saifuddin indicated that the government would not be reviewing Sosma after he defended the controversial Act by saying “the law allows the court process to take place”.

The home minister, who had also said Sosma was necessary in managing organised crime-related cases, had been heavily criticised by politicians and human rights groups for defending the controversial law.

Yesterday, Saifuddin acknowledged that certain provisions in Sosma would need to be reviewed from time to time, but said there would not be any amendments for the time being.

Rahmat also urged Saifuddin to stop the deportation of 114 Myanmar nationals after the High Court lifted an interim stay granted in 2021 to prevent the deportation of around 1,200 Myanmar nationals.

“This is to allow independent bodies to reach out to these individuals so that a proper evaluation can be carried out in a suitable environment.

“No one should be returned to a country where they may be subjected to persecution,” he said, pointing out that Malaysia was also a member of the United Nations Human Rights Council. - FMT