The Malaysian Insight

CONTROVERSIAL security laws such as the Prevention of Crime Act 1959 (Poca) and the Security Offences (Special Measures) Act 2012 (Sosma) should be reviewed to allow those who have been detained the chance to defend themselves, said PKR president Anwar Ibrahim.

Anwar, who is also chair of the parliamentary caucus on reform and governance, said there were “concerns” that existing security laws were too harsh and could deny the accused of their fundamental rights even before they are found guilty.

“Although police fear purveyors (of terrorism), but (police) can potentially (be) perpetrators of terror,” he said.

“So we will of course want more details and scrutiny so that (those who have committed) minor offences or crimes should not be further victimised or placed in such conditions. It’s tough. The legislation itself is tougher than ISA,” Anwar said, referring to the abolished Internal Security Act.

Anwar reiterated that the government was “supportive of all actions… to get tough on crime”, but laws such as Sosma appeared to be overly harsh as it provided for detention even for activities only tenously linked to terrorism.

The previous Barisan Nasional government had defended the use of Sosma in pre-empting potential terrorists planning attacks in the country.

Under the security laws, a detainee can be held for up to 28 days, and police can decide to withhold access to family members and legal advise for up to 48 hours after the suspect’s arrest. Under the ISA, detainees can be held for up to 60 days and may be extended for two years at the discretion of the  home minister.

However, legal experts say the draconian aspect of Sosma remains as it permits punitive punishment and detention without trial due to its ‘no-bail’ policy.

Petaling Jaya MP Maria Chin Abdullah and former Umno Batu Kawan leader Khairuddin Abu Hassan are some of the hundreds of people who were detained under Sosma. – May 28, 2019.