SOSMA: Striking a balance between human rights and national security (Part 2)

IN the last article, I mentioned on the importance of having preventive laws in dealing with terrorists and hate preachers.

Here, I wish to state that Malaysia’s situation is not far from the UK. Our security forces have successfully captured suspected Islamic State (ISIS) operatives in the past but in my opinion, the threats posed by the hardened Foreign Terrorist Fighters (FTFs) will be more lethal compare to these “inexperienced” terrorists.

The influx of veteran FTFs from battlefields in Syria and Iraq to this region, including Malaysia, will be noxious because they are good in sourcing for funds fund, planning and executing attacks.

Furthermore, the radicalised terrorists who are influenced by the hate radical preachers in Malaysia can pose a security threat in the near future, similar to the current situation in UK. Even though this possibility is not so visible now but the potential is still there.

Besides, the change of Government can be misused by these hate preachers to instigate Muslims in Malaysia in the name of religion to create a hostile environment, which is conducive for them to launch terrorist attacks.

Therefore, the calls to repeal security legislation like SOSMA, POTA, POCA and other relevant laws by the human right organisations in Malaysia need to be considered by Government by paying attention to its grave consequences.

Perhaps, there are loopholes within these legislations which can be abused by the Executive or security forces but these can be remedied with a mechanism of check and balance supervised by the Parliament or establish a commission under the supervision of the Parliament to keep tabs on such arrests.

In my view, these legislations are vital to manage the terrorist threats in Malaysia, apart from the de-radicalisation programme, which is well appreciated by other security agencies in the world.

It is important to have key tools like legislations which gives authority to the security forces to monitor and detain suspected terrorists and their sympathisers to prevent any attacks in Malaysia.

The collaboration between intelligence agencies in Malaysia and in other jurisdictions are essential to detect the influx of FTFs and hate preachers. They need to be stopped by all means to prevent the future attacks and also to deter their influence on the locals, which otherwise, will de-harmonise this nation.

Conclusion

In a nutshell, hate preachers are the source of inspiration for the terrorists globally because they are charismatic. They also have the capability to influence, manipulate and instigate potential terrorists to launch attacks by using false interpretations of their religious verses for their own benefit.

Therefore, the security and intelligence agencies have a huge task ahead. They need to work relentlessly to counter any terrorist attacks in Malaysia. Plus, they have to identify, monitor and deter these hate preachers to deter them not to gain any stimulus and throttlehold within the Malaysian society.

The essential powers which are provided by the security legislations like SOSMA, POTA and POCA are decisive for forces to operate without fear and favour. These agencies cannot and should not allow or tolerate anyone who pose a threat to our national security. Therefore, these laws are important to safeguard the sovereignty of this nation.

If any attacks happen in future, the intelligence and security agencies will be blamed first by the people including those who are defending these hate preachers. These agencies must stand shoulder to shoulder to resist and defeat the potential terrorists.

The previous Pakatan Harapan Government, in their election manifesto, had promised to abolish these security laws but that can be ignored by closing the loopholes which allow these laws to be manipulated. Further, the laws should be amended to give necessary protection to the detainees.

Further the judges who are presiding these type cases must be given a freehand to determine welfare of these detainees without any interferences or influences.

Moreover, an independent body need to be established comprised of former judges, human rights lawyers, human rights campaigners, laymen, former intelligence and security personnel to evaluate the conditions of these detainees.

Based on the report prepared by this body, the families of these detainees and public will know the actual conditions of the detainees. The presiding judge can use this report as an additional information whether the detainees have been treated properly or not by the security agencies.

Malaysia is entering an unpredictable period as a result of political volatility and the COVID-19. Malaysians should not be subjected to repression and oppression by anyone or any organisation. That is not going to be tolerated. However, we must not allow the nation’s peace and security to be compromised in the name of human rights.

Therefore, Government should weigh the matter carefully. For instance, in the UK and in other European countries, many security legislations have enacted recently and their people are willing to sacrifice some level of personal liberty for this. They realised the importance of these laws to protect their freedom.

I am urging the present and future Governments not to abolish these security laws but rather make some improvements by consulting the relevant stakeholders. In my view, the law is not perfect but the people who are entrusted to guard these laws need to be transparent, accountable and must have a high integrity by not abusing the security laws. – April 1, 2022

 

R Paneir Selvam is the principal consultant of Arunachala Research & Consultancy Sdn Bhd (ARRESCON), a think tank specialising on strategic national and geo-political matters.

The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.

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