Sweeping powers under Sosma open to abuse, claims Muda

Muda today claimed that the sweeping powers under the Security Offences (Special Measures) Act 2012 (Sosma) are open to abuse, in response to Home Minister Saifuddin Nasution Ismail’s statement on this legislation.

Its vice-president Zaidel Baharudin said that while Sosma, when compared to the defunct Internal Security Act 1967 (ISA), is a more progressive act in principle, it remains a “very one-sided bill”.

“Sosma gives many powers to the authorities without any checks and balances, for example, detention for 28 days without the need to go through the court process (during the detention period). If it falls on an ordinary individual, it is a very severe punishment without any trial or charge.

“Sosma also allows enforcement agencies to intercept communications directly without any clear check and balance mechanism.

“I think such sweeping powers leave it vulnerable to abuse,” he said in a statement.

Home Minister Saifuddin Nasution Ismail

Zaidel pointed out that PKR MPs themselves have previously been detained under Sosma for their involvement in Bersih.

“We can frame a much better law to deal with security issues, one that empowers swift action but has clear checks and balances.

“Many other democracies, which face the threat of active terrorism have specific bills to deal with this threat. However, they still put in place a balancing mechanism to ensure the individual rights of citizens are guaranteed,” said Muda.

Detention law

In January 2020, then attorney-general Tommy Thomas said Putrajaya was intent on amending Section 13(1) in March of that year. However, there was a change of government soon after.

In a press conference on Dec 13, Saifuddin indicated that he has no intention of reviewing Sosma.

The home minister stated that the law was not a preventive detention law, unlike the ISA.

He argued that the law only allowed for 28 days of detention and the suspect will have access to legal services if the matter was brought to court.

Yesterday, Damansara MP Gobind Singh Deo called on Saifuddin to reconsider his stance on Sosma.

Zaidel stressed that it is appropriate for the government to be guided by the desire for reform.

“If we go back to the old system, what is the difference with previous governments?” he questioned. - Mkini