Group wants Saifuddin to address bail denial under Sosma

Home Minister Saifuddin Nasution Ismail has been urged to amend provisions in the Security Offences (Special Measures) Act 2012 (Sosma) which denies bail to those charged under the law.

Malaysians Against Death Penalty and Torture (Madpet) pointed out that removing Section 13(1) of the law will allow the courts to decide whether or not to grant bail.

"It is absurd for someone charged with having in his possession a book to languish in prison without bail.

"Even after trial, when the accused is found not guilty and acquitted – the loss suffered from incarceration is not even compensated by the state," said Madpet spokesperson Charles Hector in a statement today.

In January 2020, then attorney-general Tommy Thomas said Putrajaya was intent on amending Section 13(1) in March of that year. However, there was a change of government soon after.

Madpet also wants Saifuddin Nasution (above) to review provisions in Sosma that do not require the police to produce a suspect before a magistrate within 24 hours of an arrest, which is in violation of Article 5(4) of the Federal Constitution.

"The role played by a magistrate to protect the suspect's rights and prevent police abuse must be restored," said Hector.

Madpet was reacting to Saifuddin Nasution defending Sosma as is.

The minister stated that the law was not a preventive detention law unlike the defunct Internal Security Act 1967.

He argued that the law only allowed for 28 days of detention and the suspect will have access to legal services if the matter was brought to court.

Pakatan Harapan did not pledge a review or repeal of Sosma in the run-up to the Nov 19 election, nor did any other coalition.

‘Unprincipled’ move

Similarly, Lawyers for Liberty (LFL) expressed its disappointment that the Harapan-led government will not review the “draconian” act.

“Has Harapan so quickly forgotten the horrors of unlawful and arbitrary detention under Sosma when peaceful protest leaders and 1MDB scandal critics were detained by the old BN regime in order to silence them?

“It is this very same Sosma law which the new government now staunchly defends,” said its director Zaid Malek in a statement today.

LFL described the move by the government - which defeated the extension of Section 4(5) of Sosma in Parliament earlier this year while in opposition - as “plain unprincipled”.

It argued that if the minister’s remarks that arrests under the Act were only done upon “reliable intelligence and evidence” are true, offenders should be charged in court immediately - with lengthy detention being unnecessary.

“The home minister, in another attempt at defending Sosma, claimed that detainees have access to legal counsel, woefully ignoring the fact that Sosma circumvents crucial protection and tested legal measures under the Criminal Procedure Code and the Evidence Act.

“Any trial conducted and a conviction obtained under Sosma is a product of a sham trial as it does not provide the basic evidential rules that serve to ensure due process.

"Evidence that is normally inadmissible in normal criminal trials is accepted under Sosma, including evidence obtained by torture, duress or even fabrication,” said the group.

It called the government’s backtracking on Sosma a matter of grave concern and urged a repeal of Sosma entirely.

With the Criminal Procedure Code, Evidence Act, Penal Code and other laws in place to adequately handle the cases dealt under Sosma, LFL argued there is no justification for Sosma to continue existing.

“The new government must uphold the guarantee of life and liberty under Article 5 of the Federal Constitution in the highest regard without compromise or equivocation,” added the group.

Saifuddin ‘inaccurate’ on Sosma provisions

Rights group Suaram also joined the chorus of criticism over the minister’s statement, saying that it is contradictory to the stance taken by Harapan.

The group further labelled that the nature of Saifuddin Nasution’s statement regarding the provisions of Sosma as being “inaccurate”, adding that it clearly violates the principle of fair trial under the Malaysian Constitution and international standards.

Among other issues the group highlighted to the minister, Suaram claimed that, for example, the provision increases the risk of custodial abuse and encourages forced confessions without supervision from the court or magistrate.

“We understand that Saifuddin Nasution is a newly appointed minister and needs time to listen to briefings and understand matters related to his ministry. 

“However, we would like to urge him to also listen to the views of stakeholders including civil society groups before giving any conclusions, especially on human rights issues,” said the group, calling for the new government to take immediate steps to reassess and repeal Sosma and other laws deemed draconian.

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