KUALA LUMPUR (Nov 7): The Malaysian Bar has called for the Security Offences (Special Measures) Act 2012 (SOSMA) to be be repealed in its entirety.

In a statement today, Malaysian Bar president Abdul Fareed Abdul Gafoor welcomed the recent announcement by Prime Minister, Tun Dr Mahathir Mohamad, that the Government will table amendments to laws that are considered draconian.

However, he said piecemeal amendments to SOSMA will not suffice as SOSMA is an unnecessary piece of legislation that has resulted in arbitrary powers to the police that substantially erodes the right of an accused to a fair trial, and undermines the protections and fundamental liberties contained in the Federal Constitution.

Abdul Fareed said SOSMA serves as a procedural law, side-stepping the Criminal Procedure Code (CPC), that works in tandem with the predicate offences provided in Part VIA of the Penal Code. 

He said SOSMA and the various amendments to the Penal Code, Evidence Act 1950, and CPC were introduced as part of an “anti-terrorism” legislative package in 2012, ostensibly to replace the repealed Internal Security Act 1960.

“SOSMA provides for various provisions designed to tackle terrorism, including detention for investigative purposes, special procedures for the trial or hearing of terrorism offences in Court, and powers of surveillance. 

“However, these provisions also contain draconian elements that run counter to the rule of law. SOSMA provides for an accused person to be arrested without a warrant, and detained for up to 28 days without being brought before a magistrate.  SOSMA also provides that “Bail shall not be granted to a person who has been charged with a security offence”,” said Abdul Fareed.

He further pointed out that the Malaysian Bar believes that there are existing laws, such as the Penal Code and Criminal Procedure Code, which are tried and tested, and accord accused persons fundamental liberties in the trial process, and are sufficient to address such crimes. 

“If found insufficient, the solution lies in amending existing non-draconian laws or enacting new laws that observe the rule of law,” he said.  

Further, Abdul Fareed said the conflicting reports — from the detainees and the Government — of mistreatment, torture and intimidation while in custody, does not augur well for a Government that prioritises the rule of law. 

“To this end, the Malaysian Bar calls for an immediate investigation be carried out to ascertain the truth of the allegations.

“The Malaysian Bar is cognisant of the Government’s need to maintain national security,” he said.  

Abdul Fareed stressed this must always be done in harmony and recognition of constitutional guarantees and the rule of law. 

“SOSMA as it stands, has no place in a democratic nation, and is an affront to the principles of natural justice,” he said.