‘Sosma breeds injustice’ - Maria slams Saifuddin for defending law
Former Petaling Jaya MP Maria Chin Abdullah has lambasted Home Minister Saifuddin Nasution Ismail for defending the Security Offences (Special Measures) Act (Sosma).
Speaking to Malaysiakini, Maria (above) said Saifuddin failed to realise that Sosma procedures breed and institutionalise injustice.
“The minister forgets that under Section 30 (of the act), it provides an extremely unfair treatment where the detainee can be kept in prison until after all court trials and appeals are completed.
“As a result, we have prisoners detained for more than seven or even 10 years.
“We need to be reminded that Sosma is a procedure that is used in the Protection of Crime Act (Poca) 1959 and the Prevention of Terrorism Act (Pota) 2015. Under the Prevention of Crime Act, police can detain a person for up to 59 days with no judicial oversight,” she said.
She was responding to Saifuddin who made a comparison between the now-defunct Internal Security Act (ISA) and emergency ordinances (EO) - where someone can be held for up to 60 days - with Sosma where he said “Sosma is only 28 days”.
For the record, Section 30 of Sosma allows for a person to be detained until the whole appeal process has been completed even though a court may have found them not guilty.
Saifuddin also indicated that he has no intention of reviewing the act.
The newly minted PKR minister defended Sosma, saying the law allows the court process to take place, unlike others like the ISA and EO.
Home Minister Saifuddin Nasution Ismail
Maria said Sosma, which critics have described as draconian, provides that “any statement by an accused whether orally or in writing to any person at any time” can be admitted into evidence, with no exception for evidence obtained under duress.
This provision, coupled with provisions permitting the police to detain suspects for up to 28 days without any judicial oversight, increases the risks of torture and other ill-treatment in custody, the 66-year-old PKR politician said.
Sosma a ‘lazy way’ for police investigation
She also expressed shock that the police are unable to conduct professional investigations within 14 days, which is already provided under the criminal procedure act.
While preventive detention is always used to justify that more time is required to carry out an investigation, she suggested that the police gather the evidence before making an arrest.
“Sosma provides a ‘lazy way’ for investigation - arrest first and then gather information against detainees. Should we not change this?
“We have so many examples where the process was open to abuse - my case, Khairuddin (Abu Hassan) and Matthias Chang and all of us were wrongfully arrested,” she said.
She stressed the importance for the police and forensic investigators to be more professional and keep to fair and just standards.
“Justice will not be delivered if the present new authorities continue to justify using legal tools that permit denial of fair and open trials,” she added.
On Nov 18, 2016, Maria was detained under Sosma for 10 days.
She was reported as saying that the arrest, which took place on the eve of the Bersih 5.0 rally, was cruel and oppressive.
The former Bersih 2.0 chairperson was held in solitary confinement in a windowless cell measuring 15 feet by eight feet, and was denied a bed, in what she reportedly described as an “ISA-style detention”.
Maria said Sosma, which critics have described as draconian, provides that “any statement by an accused whether orally or in writing to any person at any time” can be admitted into evidence, with no exception for evidence obtained under duress.
This provision, coupled with provisions permitting the police to detain suspects for up to 28 days without any judicial oversight, increases the risks of torture and other ill-treatment in custody, the 66-year-old PKR politician said.
Sosma a ‘lazy way’ for police investigation
She also expressed shock that the police are unable to conduct professional investigations within 14 days, which is already provided under the criminal procedure act.
While preventive detention is always used to justify that more time is required to carry out an investigation, she suggested that the police gather the evidence before making an arrest.
“Sosma provides a ‘lazy way’ for investigation - arrest first and then gather information against detainees. Should we not change this?
“We have so many examples where the process was open to abuse - my case, Khairuddin (Abu Hassan) and Matthias Chang and all of us were wrongfully arrested,” she said.
She stressed the importance for the police and forensic investigators to be more professional and keep to fair and just standards.
“Justice will not be delivered if the present new authorities continue to justify using legal tools that permit denial of fair and open trials,” she added.
On Nov 18, 2016, Maria was detained under Sosma for 10 days.
She was reported as saying that the arrest, which took place on the eve of the Bersih 5.0 rally, was cruel and oppressive.
The former Bersih 2.0 chairperson was held in solitary confinement in a windowless cell measuring 15 feet by eight feet, and was denied a bed, in what she reportedly described as an “ISA-style detention”.
Maria should stop being a politician and return to her roots of advocacy.
ReplyDeleteEach successive government will always try to retain some laws that they opposed while in opposition. Thus, I am not surprised of Saifuddin's stand regarding SOSMA.