Minister indicates no intention to review Sosma
Home Minister Saifuddin Nasution Ismail indicated that he has no intention of reviewing the Security Offences (Special Measures) Act (Sosma).
He defended Sosma saying the law allows the court process to take place, unlike others like the now-defunct Internal Security Act (ISA) and emergency ordinances (EO).
“People like to compare Sosma with other preventative laws, even though Sosma is not a preventative provision.
“For example, compared with the ISA or EOs (where someone can be held) of up to 60 days, Sosma is only 28 days.
“At the end of the 28 days, there are only two recommendations, that is to free them (detainees) or to charge them in court.
“If they are brought to court, they can still have access to legal services,” Saifuddin explained in a press conference at Bukit Aman today.
He was making his first official visit to the police headquarters today, where Saifuddin and his deputy Shamsul Anuar Nasarah received a briefing from the inspector-general of police.
Saifuddin said this in response to a question from a reporter on whether he would review Sosma as well as the Independent Police Conduct Commission (IPCC).
‘IPCC to take effect in June’
With regard to the IPCC, Saifuddin merely said it would take effect starting June next year.
Further elaborating on Sosma, he said there are those who were arrested under this law, who have since been released or won their cases in court with the help of their legal counsels.
“Let us focus on the fact that not all Sosma detainees end up in jail because the process is being followed.
“If in the end, after the 28 days of investigation and the court then releases them, the police will comply with the decision,” he said.
Families of Sosma detainees gathered outside the Kajang Prison on Dec 7, urging the government to repeal Sosma
However, Saifuddin stressed that arrests under Sosma were made on the basis of reliable intelligence and evidence for the sake of the country’s peace and security.
“I would like to repeat that when any arrest is made, it is of course based on intelligence about any group or activity that is seen to be dangerous or threatening to the safety of the rakyat,” he said.
He also pointed out that under the Federal Constitution, the government is empowered to enact legislation, such as Sosma, which allows pre-trial detention.
Despite Saifuddin’s assertion about Sosma only allowing an individual to be detained for up to 28 days, there have been real-life examples that this is not the case.
During a recent pre-trial case management involving 34 individuals detained under Sosma, family members of the detainees urged the new government to stop using the oppressive law.
Most of the 34 men were detained under Sosma on June 23 this year, while the remaining were nabbed soon after. They were later charged under Section 130(V)(1) of the Penal Code, which carries a jail term of up to 20 years upon conviction.
One of the detainees, a woman, said she was upset that her husband has not been given a trial date despite being in detention for nearly six months.
Back in April this year, Saifuddin was reported back as saying that Pakatan Harapan rejected the amendment to Section 4(5) of Sosma, which allows the police to extend the 28 days period of detention.
However, Saifuddin stressed that arrests under Sosma were made on the basis of reliable intelligence and evidence for the sake of the country’s peace and security.
“I would like to repeat that when any arrest is made, it is of course based on intelligence about any group or activity that is seen to be dangerous or threatening to the safety of the rakyat,” he said.
He also pointed out that under the Federal Constitution, the government is empowered to enact legislation, such as Sosma, which allows pre-trial detention.
Despite Saifuddin’s assertion about Sosma only allowing an individual to be detained for up to 28 days, there have been real-life examples that this is not the case.
During a recent pre-trial case management involving 34 individuals detained under Sosma, family members of the detainees urged the new government to stop using the oppressive law.
Most of the 34 men were detained under Sosma on June 23 this year, while the remaining were nabbed soon after. They were later charged under Section 130(V)(1) of the Penal Code, which carries a jail term of up to 20 years upon conviction.
One of the detainees, a woman, said she was upset that her husband has not been given a trial date despite being in detention for nearly six months.
Back in April this year, Saifuddin was reported back as saying that Pakatan Harapan rejected the amendment to Section 4(5) of Sosma, which allows the police to extend the 28 days period of detention.
The amendment to Sosma this year gave police the power to extend Sosma detention indefinitely beyond 28 days. The requirement the extension be made by an officer of Superintendent of Police or highe is meaningless... They will just sign it
ReplyDeleteThere are also cases of Sosma being used as a punishment and intimidation by Police , when there is absolutely no evidence of wrong doing, and no possibility to charge the person with any crime.
People detained under Sosma have complained of severe interrogation.
Say no to Saifuddin Nasution.