Saifuddin’s refusal to review Sosma very concerning

Sosma is open to abuse

Unelected Home Minister Saifuddin Nasution Ismail wants to keep the powerful political tool Sosma

The new home minister Saifuddin Nasution Ismail announced at a press conference there would be no review of the Security Offences (Special Measures) Act 2012, known as Sosma. The abolition of Sosma has long been a priority on the Pakatan Harapan policy platform. The repeal of Sosma was ignored last time Pakatan was in power back in 2018-2020.

Saifuddin is the secretary-general of PKR. Pakatan voted against the extension of Sosma measure in parliament earlier this year. This makes his refusal to consider the repeal of Sosma very disappointing to many members of Pakatan and its component parties.

The Sosma Act was introduced back in 2012 by the Najib Razak government. Sosma was intended to replace the draconian Internal Security Act (ISA), at the time.

However, Sosma was used in 2016 to arrest and detain 15 social activists, after a Bersih rally, for protesting for democratic reforms. Many claimed this was an abuse of power at that time.

There have also been numerous allegations of torture of detainees by police. One detainee was threatened at gunpoint during questioning. According to the detainee he was stripped naked and forced to bend over, and his anus was caressed with a water bottle. Other detainees claimed they were forced to kiss the feet of police officers, and masturbate while watching pornographic films with police laughing on. One detainee was ordered to crawl around the floor like a dog and pick up with their mouth, a piece of rubber thrown around the floor. Others were beaten by police officers, despite cooperating during questioning. Detainees were regularly thrown into dark rooms for days in solitary confinement.

Should this be acceptable in Malaysia?

Section 4 of Sosma allows for 28 days detention without any access to a court of law. Section 30 allows police to keep detainees in remand, even if the court releases them. Section 13 allows for continued detention pending court, which could be years. Sosma allows a police officer of the rank of superintendent to extend detention beyond 28 days for investigative purposes. Some families have not seen their loved ones for over 6 months, without even knowing why they are detained.

Saifuddin said at his press conference that people compare Sosma to other laws like the Internal Security Act, which is now defunct. Saifuddin said that those arrested under Sosma do have due process under the law, where they will either by charged or released after 28 days of detention. Saifuddin elaborated that people detained under Sosma, were only arrested after extensive investigation that brought out evidence and intelligence for the sake of the country’s peace and security.

However, the number of people released after 28 days, and those who have been acquitted by the courts after being charged appears to conflict with Saifuddin’s claim.

Lawyers for Liberty director Zaid Malek said there is no reason or justification for Sosma to exist when the Criminal Procedure Code, Evidence Act, and penal codes of other acts are adequate for the types of cases that now fall under Sosma.

People protesting to see their loved ones detained under Sosma

There are about 1,000 people detained under Sosma in Malaysia. In 2018 160 detainees went on a hunger strike to gain attention to review the act. Under Sosma, police can enter any premise and arrest anyone without a warrant. Prior to arrest police can monitor a person’s communications without any judicial review. There are many people released after 28 days, but forced to wear an ankle tracking device, without any court approval. During any Sosma trial, the identity of witnesses can be withheld, and certain information presented to court, without the defence having access to that information.

The power of the police or home minister to extend detention orders without any judicial review is a total denial of natural justice. This is blatantly a disguised form of detention without trial.

Sosma is a repressive and draconian law. Evidence shows Sosma has been abused by politicians and police alike. The Rakyat deserve the due process of law and state guarantees against torture. The government should uphold the United Nations Convention against torture and other cruel, inhuman or degrading treatment or punishment (UNCAT). Sosma has eliminated necessary checks and balances within the legal system.

Anwar Ibrahim was reported to have said that Sosma should be amended and improved for the benefit of all parties, as it has been deemed to harsh.

Saifuddin lost his Kulim-Bandar Baru seat in the Dewan Rakyat in the last general election. He was appointed to the Dewan Negara or Senate, so he could take on the position of home minister. Consequently, Saifuddin is an unelected person with so much power over the nation’s citizens with Sosma as a tool. People have forgotten that only two years ago, a Melaka state executive councillor G Saminathan was persecuted using Sosma for allegedly supported a defunct organization LTTE.  

Sosma is a direct affront to the nature of democracy in Malaysia. There are just too many people whose lives have been destroyed by such draconian legislation and abuse of power with such laws in Malaysia.

The new government has already attempted to use the police to investigate individuals who allegedly make slanderous or outrageous claims against the prime minister and government. Can the Rakyat trust this, or any other government to use Sosma in a fair and just manner?

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