See full statement at
SOSMA must be repealed now, if not seriously amended to remove mandatory denial of bail, and restoration of Magistrate’s role in detention for purpose of investigation Home Minister Saifuddin Nasution decision not to review SOSMA a betrayal of the PH Plus Government? (MADPET)
Repeal Sosma, rights group tells govt
PETALING JAYA: A rights group has demanded that the government repeal the provision that denies bail under the Security Offences (Special Measures) Act 2012 (Sosma) and restore the role of the magistrate in granting remand orders.
Malaysians Against Death Penalty and Torture (Madpet) said it was disappointed with home minister Saifuddin Nasution Ismail for defending Sosma and called for the Act to be immediately repealed or significantly amended.
“The urgency of the review and amendment is paramount, as many still languish in prison without bail because of Sosma as they await the end of their trial, which may at the end find them not guilty,” Madpet spokesman Charles Hector said in a statement.
Yesterday, Saifuddin indicated that the Act would not be reviewed, stating that “the law allows the court process to take place”.
He said this was in contrast to the now-defunct Internal Security Act (ISA), which allowed for detention without trial, and the emergency ordinances (EO) which allowed for detention of up to 60 days.
Sub-section 4(5) of Sosma enables the police to detain a person suspected of being involved in terrorist activities for a period not exceeding 28 days for investigations.
Hector said the Act also ignored elements of the Evidence Act 1950 and Criminal Procedure Code as the authorities could detain a person without evidence. He said this violated a person’s right to a fair trial and allowed for abuse of power by the police.
He urged Putrajaya to reveal how many people had been arrested, charged and convicted under Sosma since it came into force in July 2012, and called for the government to enact appropriate legislation aimed at compensating those who are wrongfully detained.
Penang deputy chief minister P Ramasamy said the government could not ignore reviewing Sosma as it was an “obnoxious draconian law against human rights”.
He said Saifuddin’s comparison of the Act to the ISA and EO was
misguided and illogical, adding that detention without trial, whether
for 28 or 60 days, should not happen at all. _ FMT, 14/12/2022
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