Abolish Sosma as it allows ‘dangerous’ evidence in trial: Lawyer

A lawyer-activist has called on the government to abolish the Security Offences (Special Measures) Act 2012 (Sosma) as it allows ‘dangerous’ evidence not normally permitted in criminal trials.

Charles Hector Fernandez’s reminder to the government today came on the heels of the Sosma detainees' hunger strike, which came to an end yesterday.

Sosma like Escar (in reference to Essential (Security Cases) Regulations 1975), must be repealed.

Because it allows for the use and admissibility of 'dangerous' evidence in trials that are justly not allowed in Malaysia's Evidence Act (1950), which sets the standards of what evidence is allowed and admissible in court during trials.

“Allowing evidence not allowed by the Evidence Act results in injustice and an unfair trial,” Hector told Malaysiakini.

The lawyer though reminded that Sosma is not a detention without trial law such as the Prevention of Crime Act 1959 (POCA) and Prevention of Terrorism Act 2015 (POTA).

This as all those charged in court for violating Sosma-listed offences will be tried in court and if not convicted would be acquitted and released.

Since its enactment, critics have raised concerns over the law, which among others enables witnesses during the trial of Sosma detainees to give hearsay evidence which is admissible under the controversial law.

Today through a Facebook post, Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh said Sosma detainees and their relatives ended their hunger strike protest yesterday.

Ramkarpal said he met the detainees in the Sungai Buloh prison and the group outside of the prison involved in the strike.

"As a result of my explanation to the detainees and their family members, the hunger strike ended yesterday at about 2pm.

"I was very worried about their health and glad to see them eating and drinking," Ramkarpal added.

According to reports, there were about 100 family members of 69 Sosma detainees who took part in the strike that began on Monday, demanding that the detainees - who are being imprisoned without trial - be freed.

About 34 of the detainees are reportedly being held at Sungai Buloh prison while the remainder are being detained in Alor Setar, Kedah.

Sosma is a controversial law which allows up to 28 days of detention.

Among others, the law allows for a police officer not below the rank of the superintendent to deny a detainee access to their next of kin or lawyer for up to 48 hours if there were reasonable grounds to do so.

The government had said it was planning to "review" the Sosma provision.

However, human rights activists are pushing for a complete repeal.

Earlier, Ramkarpal had urged the detainees and relatives to remain patient as the government is reviewing improvements to the act.

On Monday, the relatives of the detainees initiated a hunger strike outside the Sungai Buloh prison to demand the release of their family members, who are imprisoned without trial. - Mkini