Bar Council president Christopher Leong has expressed concern over the return of preventive detention laws and "harsh authoritarian" police powers that are against the rule of natural justice.

 

He cautioned against accepting the proposed anti-terrorism bill and amendments to existing laws, although these have yet to be revealed.

 

Leong said the mooted new law and the amendments may expand the discretionary power of authorities and permit detention without trial.

 

"What we could have is the re-introduction of the repealed Internal Security Act," he added during his speech at the Public Forum on Police Accountability held in George Town today.

 

He was referring to a white paper titled 'Toward Combatting the Threat of Islamic State' tabled by the government in Parliament, stating the need for a specific anti-terrorism law to be legislated.

 

The government also proposed that for the Security Offences (Special Measures) Act 2012 (Sosma), Prevention of Crime Act, and the Penal Code to be bolstered.

 

On top of these, Prime Minister Najib Razak has recently declared that the 1948 Sedition Act would be "strengthened and fortified".

 

This was after raising the hopes of the nation when he promised to repeal the Act two years ago. Najib nevertheless abolished ISA, which allowed for detention without trial, in 2012 and it was replaced by Sosma.

 

Leong expressed hope that Najib will not continue the tradition of detention without trial to counter terrorism.

 

He said such a move would be counterproductive from a security standpoint.

 

"Preventive detention fuels resentment that leads to more radicalism," he warned.

 

"It alienates families and communities that are affected, making them vulnerable for recruitment with extremist groups."

 

Not a long-term solution

 

Leong said the lack of transparency in preventive detention undermines public trust in law enforcement and reduces cooperation with authorities.

 

He added that such detention also fails to provide long-term solution for "neutralising hardcore terrorists" who may eventually be released.

 

"It merely isolates them in the short term, which can further radicalise them in the long term," he said.

 

"Preventive detention further frustrates criminal investigations by encouraging police to arrest before they have sufficient evidence to prosecute," he added.

 

"This gives accomplices the opportunity to flee and destroy evidence.”

 

Leong expressed hope that as Malaysia takes its seat as a non-permanent member of the United Nations Security Council next month, it will abide by the UNSC Resolution 2178 that was unanimously adopted on Sept 24.

 

The resolution ensures members states to abide by international human right laws, international refugee and humanitarian laws.

 

Also present at the forum are Chief Minister Lim Guan Eng, Penang Bar Committee chairperson Abdul Fareed Abdul Gafoor, and co-chairpersons of the Bar Council Task Force on IPCMC (Independent Police Complaints and Misconduct Commission) M Ramachelvam and Kuthubul Zaman Bukhari.