Media Statement – 27/8/2023
Repeal SOSMA, and not make small amendments. Repeal Detention Without Trial Laws – POTA, POCA and DD(SPM)A
Lawyers including late Karpal Singh threatened to boycott cases that used ESCAR (a law like SOSMA)
MADPET (Malaysians Against Death Penalty and Torture) is pleased that the PH-BN government is looking as Security Offences (Special Measures) Act 2012(SOSMA), and may likely restore the bail granting discretion to judges.
At present, the Act enacted by Parliament prohibits bail pending the end of the criminal trial, which means that the accused of any offences listed as SOSMA offences are forced to languish in detention until the end of the trial – this is draconian as it ignores the presumption of innocence until proven guilty.
Further, it is totally unjust for any possibly innocent individual because of denial of bail results in having to languish in detention until the completion of trial, noting that trials in Malaysia can take a long time to end, maybe even years. Imagine the suffering also caused to the family, children and dependents of these possibly innocent accused persons. What happens when they are found not guilty?
Leave it to the judges to determine whether bail be allowed or not, and it is wrong for Parliament by law to steal from judges this power to determine whether bail be granted or not.
It was reported that ‘The federal government has no intention to repeal the controversial Security Offences (Special Measures) Act 2012 (SOSMA), Ramkarpal Singh said today. Instead, the deputy minister in the Prime Minister’s Department (Law and Institutional Reform) said the government plans to introduce two amendments to the law, one of them being the issue of bail.’(Malay Mail, 23/8/2023).
MADPET is disappointed that this PH-led government’s position, as expressed by the late Karpal Singh’s son, is not to repeal SOSMA, and, as such, we reiterate that what is needed urgently is the abolition of SOSMA, not simply making some minor amendments here and there.
All Criminal Trials must comply Evidence Act and Criminal Procedure Code
All persons should equally be given a FAIR TRIAL, in compliance with the existing Evidence Act and Criminal Procedure Code. Now, those accused of SOSMA listed offences are discriminated and not accorded the same fair rights in a trial.
There is no justification for the allowing any exception on the strict compliance of the Evidence Act and Criminal Procedure Codes that ensures the standard for a fair trial in Malaysia. If there is a need, then amend the Evidence Act and Criminal Procedure Code, and apply the same standards and procedures to all accused in all criminal trials.
SOSMA – a violation of constitutional guarantee of equality?
SOSMA is a bad law, similar to the ESCAR (Essential (Security Cases) Regulations, 1975), that violates the right to a FAIR TRIAL, as it provides to provide for special measures relating to security offences, etc including the use and admission of evidence currently prohibited by Malaysia’s Evidence Act.
Noting that our Federal Constitution provides for in Article 8(1) that ‘All persons are equal before the law and entitled to the equal protection of the law.’ SOSMA is a violation of this Constitutional guarantee. It allows for a class of accused persons to be tried differently, not in full compliance with Malaysia’s Evidence Act and Criminal Procedure Code – hence a violation of Article 8.
Even late Karpal Singh and the Bar opposed ESCAR ( a law like SOSMA)
SOSMA, being an Act to provide for special measures relating to security offences, is just like the ESCAR (Essential (Security Cases) Regulations, 1975) which was strongly opposed to the late Karpal Singh, Malaysian lawyers and the Bar. Lawyers threatened the boycott any cases that used ESCAR, that permitted the avoidance of strict compliance of the Evidence Act and Criminal Procedure Code.
The government’s reaction to the Malaysian Bar then was the amendment of the Legal Profession Act 1976, that, amongst others, barred young lawyers (below 7 years of practice) from holding bar leadership positions and being in Bar Committees, an increased quorum for General Meetings.
Hence, the retaining of SOSMA is certainly NOT what lawyers including the late Karpal Singh, and the better Pakatan Harapan of the past wanted.
Hope, that the current PH-led government will revert back to its earlier just position and abolish SOSMA speedily.
SOSMA repealed the ISA, but is not a replacement Detention Without Trial (DWT) law
SOSMA is not a detention without trial law, as all those charged under any SOSMA listed offence will be accorded a TRIAL, whereby prosecution is duty bound to prove in an open court beyond reasonable doubt that the accused is guilty of the crimes he/she was charged with.
In a Detention Without Trial, like the then Internal Security Act (ISA), and the present Prevention Of Crime Act 1959(POCA), Prevention of Terrorism Act 2015 (POTA) and the Dangerous Drugs(Special Preventive Measures Act 1985 [DD(SPM) Act], which are detention without trial laws, there will be NO TRIAL and the accused does not have the opportunity to defend themselves in court. For all SOSMA listed offences, there is a trial.
Confusion may have arisen because the draconian ISA was repealed by Section 32 SOSMA in 2012, which states ‘ (1) The Internal Security Act 1960 [Act 82] is repealed….’, but this certainly does not mean that SOSMA replaces ISA and is a ‘new’ Detention Without Trial law. It is not.
After ISA repealed, a new law POTA, and POCA’s scope increased resulting wider scope for DWT
What happened after the repeal of the draconian Detention Without Trial laws, ISA in 2012, and the Emergency (Public Order and Crimes Prevention) Ordinance 1969 was repealed in 2013 was that a new DWT Trial law Prevention of Terrorism Act 2015(POTA) was enacted. The existing Prevention Of Crime Act 1959(POCA) was amended in 2014 and thereafter to increase the scope of alleged crimes that would make suspects be subject to detention without trial.
Like ISA, Detention Without Trial laws are draconian also because judicial review or court challenges of the reasons for the arrest, detention or restriction is not allowed.
Hence, not only is there a denial of the right of fair trial, but also the denial of the right to challenge the reasons it was used on you. This facilitates miscarriage of justice, including the possibility that an innocent person being wrongly arrested, detained and restricted. This is why Malaysia must abolish all Detention Without Trial(DWT) laws.
Even if politicians are not victims, Repeal POCA, POTA and DD(SPM)A
Some say that the ISA was strongly opposed by politicians and political parties, after politicians fell victim to this DWT law in Operation Lallang in 1987. So, until politicians fall victim to POCA, POTA or the DD(SPM)A, Malaysian politicians may not repeal these remaining DWT laws. It seems that political parties and government do not care if ‘unknown’ Malaysians become victims of DWT laws. MADPET hopes that this not be the case, and call for the immediate repeal of all DWT laws.
Anwar’s and PH’s ‘reasons’ for not repealing bad laws unacceptable
Some say, that the current PH-led government is backtracking or making U-turns in its commitment to abolish draconian laws or provisions in law because it did not manage to obtain majority in the last General Elections, forcing it to form a coalition government with other parties who do not care about human rights.
This is a lame excuse, as PH managed to win won 81 seats out of 112 seats required to form government, which means it has more than 50% in Cabinet that is all that is required to table laws, and MADPET believes that there are sufficient non-PH MPs and Opposition MPs that will pass any good laws that promote justice and human rights. Hence, the excuse of PM Anwar Ibrahim’s PH-led government or Pakatan Harapan(PH) for not repealing bad laws is not justifiable, and may not be accepted by the public. Table the required Bills to repeal bad laws, and bad provisions in some laws.
MADPET reiterates the call for the immediate repeal of SOSMA, and all Detention Without Trial Laws, being Prevention Of Crime Act 1959(POCA), Prevention of Terrorism Act 2015 (POTA) and the Dangerous Drugs(Special Preventive Measures Act 1985 [DD(SPM) Act]. MADPET also calls for a MORATORIUM on the usage of these draconian laws pending abolition.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Deputy law minister says govt will amend Sosma, repeal ‘not in the pipeline’
PUTRAJAYA, Aug 23 — The federal government has no intention to repeal the controversial Security Offences (Special Measures) Act 2012 (Sosma), Ramkarpal Singh said today.
Instead, the deputy minister in the Prime Minister’s Department (Law and Institutional Reform) said the government plans to introduce two amendments to the law, one of them being the issue of bail.
“We are looking at several aspects, the question on bail is the issue we are looking into now. There are two recommendations. However, in our improvement of the Act, it will proceed in stages accordingly.
“Repeal is not in the pipeline,” he told reporters after flagging off a brisk walk in conjunction with Merdeka this month at the ministry here.
At present, Section 13 of Sosma only allows for bail if the offender facing a security offence is one who is below 18 years, a woman, sick or infirm person.
Introduced in 2012 as a replacement to the colonial-era Internal Security Act (ISA), the equally controversial preventive detention law retained its predecessor's clause which allows for suspects of an investigation to be detained without trial for up to 28 days at a time.
When asked when the Cabinet would deliberate on the matter, Ramkarpal said there was no definite timeline as of yet but did confirm it will be done within this year.
"At this point in time we have more or less completed most of the engagement with stakeholders, so now it's bringing said proposals for [Cabinet's] consideration.
"No timeline but at the earliest," he said.
Earlier this month, Ramkarpal had in an issued statement said the proposed amendments were now jointly being studied by the Home Ministry, the Royal Malaysia Police and the Attorney General’s Chambers.
Prior to the issuance of Ramkarpal's statement, a hunger strike by family members of Sosma detainees in front of the Sungai Buloh Prison had taken place.
Last December, Home Minister Datuk Seri Saifuddin Nasution Ismail defended the retention of Sosma, saying "the law allows the court process to take place,” which led to much criticism from political figures and rights groups over the country’s stance on the protection of human rights.
His stance has put him in conflict with some allies in Pakatan Harapan (PH) as well as civil society groups that have pointed out the apparent hypocrisy in defending the preventive detention law that the coalition previously rejected when it was in Opposition.
Saifuddin Nasution's predecessor, Datuk Seri Hamzah Zainudin had in March 2022 said parties who do not agree with Sosma are those who want to make room for criminals and terrorists to dominate the country.
Hamzah had then too defended the
government's stance of retaining Sosma with further amendments to extend
enforcement of the 28-day detention period, noting that the law is
still relevant and crucial to ensuring public order and national
security. - Malay Mail, 23/8/2023
Nation
Wednesday, 23 Aug 2023 1:21 PM MYT
PUTRAJAYA:
A provision allowing bail for detainees is being considered as part of
the recommendations to improve the Security Offences (Special Measures)
Act 2012 (Sosma).
Deputy Minister in the Prime Minister's
Department (Law and Institutional Reform) Ramkarpal Singh when asked
about developments on Sosma said that efforts to improve the Act are now
almost complete.
According to him, several engagement
sessions with stakeholders including the Home Ministry, the Royal
Malaysia Police (PDRM), the Attorney-General's Chambers and family
members of Sosma detainees have been held whereby the recommendations
received will be presented to the Cabinet soon.
"The
recommendation to allow bail (for Sosma detainees) is an issue we are
looking into now. Repeal (of the Act) is not in the pipeline but we are
looking into improvements," he told reporters after
participating in the Merdeka 'brisk walk' activity organised by the law
and institutional reform portfolio agency here Wednesday (Aug 23).
Currently,
a person arrested under Sosma cannot be bailed except for a juvenile
(under the age of 18), a woman or a person who is sick or infirm subject
to the discretion of the court.
Ramkarpal said all Sosma improvements will not be implemented in one go but will be done in stages.
In
February, Home Minister Datuk Seri Saifuddin Nasution Ismail said the
Unity Government did not intend to repeal the Act, but would make
improvements.
According to Saifuddin Nasution, it is because
PDRM still needs the law so that immediate action can be taken to avoid
any public panic and threats to the nation's sovereignty and the
well-being of the people.
Earlier in his speech, Ramkarpal
called on the members of the Legal Affairs Division (BHEUU) to continue
to strengthen the bonds of brotherhood and mutual respect in line with
the concept of Madani Malaysia which emphasises unity.
In
conjunction with the 66th National Day, BHEUU has organised a number of
activities including a Jalur Gemilang (naitional flag) raising ceremony,
independence talks and a visit to the Declaration of Independence
Memorial in Melaka. - Bernama - Star,23/8/2023
The government has no intention to repeal the Security Offences (Special Measures) Act which allows detention without trial for 28 days.
Instead, according to Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh, Putrajaya aims to improve the law by introducing several amendments in stages.
"It's not in the pipeline. But we are looking at improvements," he told reporters in Putrajaya this morning when asked if there is any plan to abolish Sosma.
Ramkarpal said the ministry has completed the groundwork in reviewing the act, which included engagement sessions with stakeholders.
While there is no timeline set for the review, the deputy minister said they plan to bring proposals from the engagement sessions to the cabinet soon.
"There is no timeline as such, but as I said, our groundworks are more or less completed. Now we are preparing the summary.
"At this stage, we plan to bring up two main proposals to the cabinet for Sosma improvements. These (the improvements) will not be done at one go, but perhaps in several stages," he said.
The two main proposals include improving Sosma on the question of bail, added Ramkarpal.
Controversial law
Sosma is a controversial law which allows up to 28 days of detention.
While the government has said it was planning to review Sosma provisions, human rights activists have been pushing for a complete repeal.
Last month, about 100 family members of 69 Sosma detainees launched a hunger strike outside the Sungai Buloh Prison to demand the release of their family members, who are imprisoned without trial.
About 34 detainees are reportedly being held at Sungai Buloh while the remainder are in Alor Setar, Kedah.
Following this, Ramkarpal urged them to remain patient as the government is reviewing improvements to the act. - Malaysiakini, 23/8/2023
Home minister: 624 individuals arrested under Sosma, 195 currently on trial
KUALA LUMPUR, March 3 — Home Minister Datuk Seri Saifuddin Nasution Ismail said that 624 people were arrested under Security Offences (Special Measures) Act (Sosma) 2012 last year.
In a parliamentary reply today, Saifuddin revealed that 195 offenders are currently on trial, with 147 charged under criminal conspiracy, 47 for human trafficking, and two for terrorism.
“For the year 2022, the Royal Malaysian Police have arrested a total of 624 people under the Security Offences (Special Measures) Act 2012 (Sosma). Of these, 71 arrested have been charged in court, 401 have been sentenced, 140 have been released and 12 are still under investigation.
“The ethnic breakdown consists of 247 Malays, 83 Chinese, 89 Indians, 47 Other Races and 158 foreign nationals, all aged between 18 to 69 years old,” he said.
Saifuddin Nasution was responding to Sosma questions posed by Perikatan Nasional’s (PN) Tasek Gelugor MP Datuk Wan Saiful Wan Jan and DAP’s Raub MP Chow Yu Hui.
Apart from Sosma, the minister also revealed that 132 people were arrested under the Prevention of Crime Act 1959 (POCA).
Previously,
it was reported that the new government is willing to sit down with
various stakeholders to review laws that have the potential to be abused
for political purposes. - Malay Mail, 3/3/2023
