Sosma detainees allege torture, sexual humiliation in custody
An NGO has released letters purportedly written by detainees held under the Security Offences (Special Measures) Act 2012 (Sosma), who have alleged torture during their detention.
Among others, one detainee claimed that he was forced to kiss the foot of his investigating officer, forced to masturbate while they watched, forced to watch pornographic videos with the officers, and forced to make a pronouncement of divorce upon his wife (lafaz taklid cerai).
This is in addition to beatings and other degrading acts he suffered, he said.
An NGO has released letters purportedly written by detainees held under the Security Offences (Special Measures) Act 2012 (Sosma), who have alleged torture during their detention.
Among others, one detainee claimed that he was forced to kiss the foot of his investigating officer, forced to masturbate while they watched, forced to watch pornographic videos with the officers, and forced to make a pronouncement of divorce upon his wife ( lafaz taklid cerai) .
This is in addition to beatings and other degrading acts he suffered, he said.
“ The investigating officer also threatened to separate my baby from my wife, and banish my wife from Malaysia and to be forced into prostitution in Cambodia,” added the detainee, who is identified only as OKT 3.
Suaram coordinator Amir Abd Hadi claimed that OKT 3's wife has also complained of sexual harassment from an investigating officer.
Suaram said it has letters from seven detainees in total, which the detainees have passed to Suaram's lawyers.
The letters detail the threats and torture the detainees allegedly faced in the early phases of a Sosma case, where police can detain suspects for up to 28 days for investigation before they are brought to court.
However, the group is only releasing six of the letters today, as one of them has now become a matter pending in court.
The six handwritten letters were partially redacted and are 19 pages in total.
Copies of the letters were distributed to members of the media during Suaram's press conference in Kuala Lumpur today.
Suaram lawyer Farida Mohammad said all seven detainees have since been charged in court, and are now awaiting trial at Sungai Buloh Prison.
To a question, Amir said Suaram has lodged a complaint to the Human Rights Commission (Suhakam) several weeks ago, which in turn had made visits to the detainees.
Following the visits, the next of kin of the detainees have also lodged police reports regarding the allegations of torture.
“For three of the detainees, the police have already recorded their statements regarding the police reports, but since then there has been no progress.
“For one detainee who was quite severely tortured, a police report was made but the police have yet to come and record his statement,” Farida added.
The group will be making another complaint to Suhakam on Friday afternoon.
Not out to undermine government's effort
Meanwhile, another lawyer Wong Kar Fai stressed that Suaram is not out to undermine the government's anti-terrorism efforts.
However, he said the use of torture, as well as Sosma's "lopsided" trial procedures, must end.
“In combating terrorism, you have to look to other factors. This is time-tested – any trials in the court […] must be fair. You must understand that these detainees have since been charged, but not yet proven (guilty).
“These cases that have been reported have not been brought to court for trial even for one day. So, you cannot treat someone who has been accused as a terrorist suspect as somebody who has already done it,” he said.
He added that the police should focus their efforts on counter-intelligence and investigation, rather than resorting to torture.
Meanwhile, Suaram director Sevan Doraisamy condemned today the alleged torture and called for Suhakam and the Enforcement Agency Integrity Commission (EAIC) to investigate.
He also urged Malaysia to form a Royal Commission of Inquiry to investigate the allegations, and called for the abolition of several laws that he claims have given room for torture to take place.
“Suaram believes that the use of torture can only take place if there is no judicial oversight and transparent investigation procedures," he said in a statement.
“To stop torture, laws such as Sosma, Prevention of Crime Act 1959, Prevention of Terrorism Act 2015, Dangerous Drugs (Special Prevention Measures) Act 1985, that give room for torture to take place must be abolished,” he said.
Each of the four laws allows lengthy detentions without trial.
Sevan also urged the government to sign the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to prove that it does not condone any violence that is against basic human rights.
Some other details in the six letters include, among others:
OKT 1 :
Allegedly beaten and kicked after being handcuffed and arrested in public despite not resisting arrest; beaten again while being taken to Bukit Aman police headquarters, after arriving there, and while detained at a police remand centre.
He also alleged to have been beaten in the head and abdomen several times by a large group of investigating officers when he refused to admit to acts that he did not commit, in a dimmed room at the police remand centre. This resulted in pain for several days.
OKT 2 :
Slapped and punched at a police station before being brought to the Sentul police remand centre.
There, he was forced to make a painful 'half-stand' while his statement was being recorded, and he would be scolded and threatened with more beatings if he tried to adjust his stance, and he was beaten when his statements did not match the investigating officers' theory of what transpired.
He also alleged that he was forced to kiss other detainees while the officers laughed at them.
OKT 3 :
Forced to strip, crawl around "like a dog", and pick up a piece of rubber thrown on a dirty floor with his mouth.
His head was repeatedly stomped upon, and his head had been slapped and smacked with a foot. He was also allegedly forced to kiss an investigating officer's foot, masturbate while they watched, and watch pornographic videos on the police's officer's handphone.
In addition, he claimed that he had been forced to make a pronouncement of divorce upon his wife, and threatened to harm his infant child and his wife.
OKT 4 :
Was beaten, and smacked in the head, as well as being forced to make statements that he wasn't sure of.
He was purportedly told that no lawyer is willing to take up his case when he asked for legal representation.
OKT 5 :
(Not for publication)
OKT 6 :
Could not bear being separated from her husband and three children, whom were all arrested with her while they were about to go on vacation in Istanbul, Turkey.
She claimed that as a result, she lost her appetite, could not sleep, and was constantly crying while in custody, while Special Branch officers shouted at her and slammed the table, and refused to believe her that they were merely going on holiday.
She said after eight or nine days of being under pressure, she eventually decided to agree with whatever the Special Branch officers want in hopes of seeing her family again, not realising at the time that this could land her in jail.
OKT 7 :
Was beaten, threatened to be shot in the head, and threatened with more severe beatings if he told anyone about the beatings.
He claimed that the police also threatened to arrest his pregnant wife and the rest of his family, close his company, and confiscate his house, and was forced to follow the police's version of events in his statements.

