Suhakam criticises disproportionate use of Sosma in GISBH case

Suhakam has raised concerns over the recent detentions of individuals linked to Global Ikhwan Services and Business Holdings (GISBH) under the Security Offences (Special Measures) Act 2012 (Sosma).

It stated that the use of Sosma seems disproportionate for alleged offences involving deviant religious activities and child abuse.

“Suhakam underscores that invoking Sosma’s draconian provisions risks eroding Malaysia’s commitment to justice, the rule of law, and fundamental human rights,” the commission said. 

Suhakam warned that this sets a troubling precedent by potentially “justifying” the use of national security laws in cases that do not meet Sosma’s intended gravity.

It noted that the Criminal Procedure Code is sufficient for handling such offences, ensuring due process in an open legal system.

“Whilst Suhakam acknowledges the government’s broader efforts towards legal reform, this particular application of Sosma in the GISBH case sends an inconsistent and concerning message.

“It risks undermining public confidence in the justice system and could be perceived as distasteful and inconsistent with the reformist trajectory.”

Suhakam urged adherence to international human rights standards, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), and called for transparent judicial processes, appropriate charges, and fair legal representation.

It also recommended a thorough review of Sosma to ensure fair and just provisions with strong oversight mechanisms to prevent abuse.

“Suhakam remains steadfast in promoting a justice system that respects human dignity, transparency, and accountability, and it reiterates that the rights and welfare of all individuals must be protected within the bounds of the fundamental liberties as guaranteed by the Federal Constitution and the rule of law.”

READ MORE: KINIGUIDE | From al-Arqam to GISBH

According to the police on Oct 23, they are probing more than 30 individuals who were detained under Sosma, while another 22 including GISBH CEO Nasiruddin Mohd Ali and his wife, Azura Md Yusof, were charged with involvement in an organised crime group.

Nasiruddin and Azura have later filed a habeas corpus application seeking their immediate release from what they claim is unlawful detention.

Home Minister Saifuddin Nasution Ismail had defended the decision to invoke Sosma as the investigation was carried out under Section 130B(1) of the Penal Code, which covers organised crime.

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