PRIME Minister Datuk Seri Anwar Ibrahim has clearly articulated the need to build society on the basis of Masyarakat Madani (civil society).
Such a thinking calls for close cooperation between the government and society on the basis of the values of good governance, sustainability, goodwill, care and human values.
However, the translation of this concept in concrete terms means getting rid of unjust and obnoxious laws that are detrimental in nurturing human goodness and values.
If Malaysia is to be regarded as a society based on Masyarakat Madani, then there is need to do away with some of the obnoxious laws.
In this respect, the presence of Security Measures (Special Measures) Act of 2012 (SOSMA) comes to mind. It is a mind-boggling piece of legislation described as “Jurassic” by a former parliamentarian.
The law was passed under the administration of former Prime Minister Datuk Seri Najib Razak to replace the Internal Security Act (ISA) and to some extent, the Emergency Ordinance.
SOSMA itself cannot stand alone as it coexists with the Penal Code.
While SOSMA provides for detention and investigation, the subsequent charges come under the Penal Code.
Even though persons alleged of crimes can be held for 28 days, once charged they can be held in remand for years before they are found guilty or released by the court.
It is quite misleading to claim that those accused of crimes can only be held for 28 days. Because, once the 28 days are over, the Penal Code comes into function.
Of course, the police have the option to charge the detainees under other laws such as the Society’s Act.
Detainees who were apprehended in 2017 under SOSMA had this treatment for a while. After the 28 days, once the SOSMA detention period over, the authorities relies on the Penal Code for the charges, period of remand and others.
Until a judge makes a decision in their cases, the accused may remain in prison indefinitely.
33 people were detained at Sungai Petani under Sosma in 2020, and they are still languishing in prison until a court considers their charges. Whether they will be found guilty or not guilty remains to be seen.
However, if they are found not guilty then the whole exercise of detaining them under SOSMA and later to be charged under the Penal Code was senseless.
If they are found not guilty, will the government compensate them and their families?
Thus it is completely misleading for some in the government to say that SOSMA is a better legislation in comparison to ISA on the grounds of the length of the detention period.
SOSMA is an evil just like the defunct ISA. It is a law against humanity. You cannot talk about human rights and human decency while you rely on cruel and unjust laws that goes against humanity.
There is no defence against SOSMA as there are enough laws in the country to prevent gangsterism and terrorism. The police force cannot rely on outmoded legislations to combat crime. It merely shows that the police force have yet to attain the required level of professionalism.
The worst and the most cruelest part of detention under SOSMA is the collateral damage on the families of those detained.
It is not just the detention of individuals but the collateral financial and emotional damage inflicted on their family members.
If a person detained has an average family of four, then can one imagine the cruelty imposed on them especially if the person detained is the sole breadwinner?
There are more than hundred SOSMA detainees incarcerated across the country. This means that are nearly 400 to 500 dependents, including parents.
Therefore, by imprisoning people, the government is actually robbing their dependents and families of a means of support.
Why should detention under SOSMA impose a collateral punishment on the families of those detained?
Those detained under SOSMA happened during the previous governments headed by former premiers Tan Sri Muhyiddin Yassin and Datuk Seri Ismail Sabri Yaakob.
With the coming of the new unity government anchored by PH, the public has high expectations.
Instead of the new government justifying the reliance on SOSMA, it should take the immediate step to release all those who have been detained under SOSMA.
When new governments take office, they typically free inmates who were incarcerated because of the previous governments’ unpleasant legislation.
There is nothing to stop the unity government under Anwar to call for a unilateral release of those detained under SOSMA.
Can obnoxious laws such as SOSMA coexist with Masyarakat Madani? — Jan 22, 2023
Prof Ramasamy Palanisamy is the state assemblyperson for Perai. He is also Deputy Chief Minister II of Penang.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
