Detention without trial against human rights, Suhakam says on Sosma

The Human Rights Commission of Malaysia (Suhakam) voiced concern today about Home Minister Saifuddin Nasution's position on the Security Offences (Special Measures) Act 2012, maintaining that detention without trial is against the core principles of human rights. 

In a statement, Suhakam chairman Rahmat Mohamad acknowledged that the controversial law, known as Sosma, was created pursuant to special powers under Article 149 of the Federal Constitution.

"However, Suhakam is concerned by Section 4 of Sosma in which arrest, detention and renewal of the detention period does not require judicial oversight. 

"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," he said. 

Saifuddin said at a press conference on Dec 13 that the government had no intention of reviewing Sosma.

He said Sosma allowed the court process to take place, and compared it to its predecessor, the Internal Security Act, saying that under Sosma, the period is "only 28 days". 

He also said that arrests under Sosma were only done on "reliable intelligence and evidence". 

His remarks sparked a chorus of concerns, including from his colleague in Pakatan Harapan, Gobind Singh Deo, who said they were against the stand of the coalition which had all along acknowledged Sosma as an oppressive law. 

Saifuddin however maintained his stance, saying on Dec 15 that there was no current need for amendments to be made. 

Rahmat said an appropriate balance must be struck between national security and the maintenance of human rights. 

"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 by Federal Constitution and the Universal Declaration of Human Rights."