Home minister mulls special court for Sosma cases

Summary

• Home Ministry mulls the need for a special court to handle cases under Sosma.

• Minister Saifuddin Nasution Ismail also announces the formation of a new special committee to refine suggestions to amend Sosma.

• Findings from the committee will be presented in the next Dewan Rakyat sitting.

PARLIAMENT | The Home Ministry is mulling the need for a special court to handle cases under the Security Offences (Special Measures) Act 2012 (Sosma), said Saifuddin Nasution Ismail.

The home minister told the Dewan Rakyat today that this would prevent those detained under Sosma from having to wait too long as well as issues with bail.

As part of the Sosma review, he said a new special committee will be formed to refine suggestions received.

The committee’s findings to amend Sosma will then be presented to Parliament in the next sitting, he added.

“The faster this committee produces findings, the faster we will present (them).

“We have a session in July. Let that be a timeline to show our readiness in being open to improving our legal policies, and rules as well as efforts to strengthen aspects of public safety and order,” he said in his briefing to Parliament.

Last Friday, Communications Minister Fahmi Fadzil told a press conference that Prime Minister Anwar Ibrahim ordered the Home Ministry to review Sosma.

This came after the family members of 32 Sosma detainees recently claimed that authorities beat up the men in the Sungai Buloh Prison.

The wife of one of the detainees lodged a police report alleging assault on her spouse.

Fahmi denied that the Sosma review is linked to this incident while Saifuddin dismissed the assault allegations.

However, he said the police would continue to investigate the matter.

Detention period

At the Dewan Rakyat today, Saifuddin said the new special committee will also look into suggestions to break up the 28-day detention period under Section 4(5) of Sosma.

All 73 offences under Sosma will be reviewed to see which can be maintained as unbailable and which of them can be allowed bail, he added.

"Currently, (bail) is not allowed at all except for three (groups): women, children below 18, and the infirm," he said, adding that this is as per Section 13(2).

Last Saturday (Feb 15), he said the Sosma review would consider balancing aspects of upholding national security and respecting human rights.

He said it was time for the government to review parts of Sosma and its application in specific cases, suggesting its use for uncommon cases of organised crime and extreme gangsterism.

He mentioned that the process of reviewing Sosma had been ongoing for the past two years.

Include non-govt stakeholders

In response to Saifuddin's speech today, Suaram called for the special committee refining Sosma to include non-government stakeholders such as civil society organisations and criminologists.

"Limiting discussions to security agencies alone risks the serious right to fair trial violations enabled by Sosma being unaddressed," Suaram executive director Sevan Doraisamy said in a statement.

He also stressed that the July timeline set by Saifuddin should not be postponed.

"Suaram looks forward to concrete steps from the Home Ministry in ensuring an inclusive, timely and transparent review process of Sosma, leading to meaningful amendments tabled by the July parliamentary sitting," he added.

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