Suhakam expresses alarm over Saifuddin's views on Sosma

Suhakam has expressed alarm over Home Minister Saifuddin Nasution Ismail’s statement on the Security Offences (Special Measures) Act 2012 (Sosma).

The human rights commission voiced its concerns over the minister’s views that Sosma is necessary for managing cases involving organised crime.

While acknowledging the creation of Sosma, pursuant to the special powers under Article 149 of the Federal Constitution, Suhakam is worried over Section 4 of the Act over the lack of judicial oversight needed for the arrest, detention and renewal of the detention period.

“The absence of judicial oversight allows the executive and the police free rein to abuse such power against citizens, human rights defenders and political dissidents.

“Suhakam is of the view that there is a need for check and balance on the powers of the investigating authorities during detention,” said its chairperson Rahmat Mohamed in a statement.

“Appropriate balance must be struck between the need to protect the nation from security threats and the maintenance of human rights,” he added.

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.

In a press conference on Dec 13, Saifuddin indicated that he has no intention of reviewing Sosma.

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

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

Saifuddin has since said that the Home Ministry is willing to hold discussions with any party including NGOs to provide accurate information on Sosma.

Deputy Home Minister Shamsul Anuar Nasarah added that the discussions were also aimed at avoiding misunderstanding about the laws in the country, including Sosma.

Find a balance

The human rights body reiterated its call for a balance in laws aimed at protecting sovereignty and those upholding human rights principles.

“Human rights and national security are not mutually exclusive, nor are they in conflict with each other. Instead, they are interrelated and complementary.

“Suhakam maintains a consistent position on security laws relating to detention without trial, that detention without trial goes against the core principles of human rights.

“Freedom from arbitrary detention, the right to a fair trial and the right to social and international order in which all rights can be fully realised are guaranteed under the Federal Constitution and the Universal Declaration of Human Rights,” said Suhakam.

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