A HUMAN rights group has criticised the home minister’s decision to re-table in Parliament a previously defeated motion to extend a sunset clause in a security law.
Suara Rakyat Malaysia (SUARAM) said it was “unusual” and “unparliamentary” for Datuk Seri Hamzah Zainuddin to do so after “Parliament made it clear” it does not want to reactivate Section 4(5) of the Security Offences (Special Measures) Act 2012 (SOSMA).
The sub-section allows the police to detain a person suspected of being involved in terrorist activities for up to 28 days. However, the validity of the sub-section must be decided by Parliament every five years.
Leading up to its latest expiry on July 31, Hamzah tabled a motion in the Dewan Rakyat in March to extend the sunset clause. The motion, however, was defeated, with 86 lawmakers voting against and 85 voting in favour.
A similar motion was brought to the house yesterday after a briefing to lawmakers by Hamzah earlier in the day. Debates took place in the evening.
“We are disappointed that the motion to reactivate SOSMA’s pre-trial detention (clause) was scheduled for a debate and vote yesterday (20 July), even though the matter has been decided during the previous (Dewan Rakyat) session. “In the spirit of respecting the will of Parliament and in the name of the right to a fair trial, SUARAM would like to urge all MPs, from both the Government and opposition, to vote against the motion to extend section 4(5) of SOSMA,” the group said in a statement yesterday.
“Goes against the constitution”
SUARAM renewed its call for SOSMA to be abolished in its entirety, saying the law, which allows for detention without trial, “severely undermines” the principles of the right to a fair trial, as enshrined in the constitution.
It also noted that after the sunset clause motion was defeated on March 23, the Royal Malaysia Police (PDRM) said the sub-section would not be used beyond its expiry date, and that it would rely on other relevant laws to tackle security offences.
SUARAM said PDRM’s statement showed that the country’s Criminal Procedure Code (CPC) is “sufficient and equipped” for the police to address security offences – without the need of a “repressive” law like SOSMA.
“Instead of using SOSMA, which not only allows 28 days of pretrial detention (but) limited access to legal counsel and strict bail conditions (as well), we are of the view that the CPC is a better safeguard against any potential abuse of power, while also granting the police sufficient power to act on security offences.
“Parliamentarians also should take into account that this was a Government motion that was previously defeated, and the matter should only be brought to Parliament again either (after) the motion has been amended significantly to take into account of its previous defeat, or (if it is) brought forward by a different home minister or Government,” SUARAM added.
“It is for these reasons that SUARAM would like to urge all the sitting Member of Parliaments (MPs) to vote against the reactivation of section 4(5) of SOSMA.”
However, the lower house last night passed Hamzah’s motion after a voice vote was called. 105 lawmakers agreed, 83 disagreed and 32 were not present.
The home ministry will now resubmit the motion to extend the enforcement of sub-section 4(5) of SOSMA during the current Parliament session, which ends in early August. – July 21, 2022
