We may have to call for the removal of Deputy Home Minister Mohd Azis
Jamman from Cabinet, because he was reported saying that he '...firmly believes that the law[SOSMA] is good,...' - Maybe, if he or maybe his relatives/acquaintances were victims of SOSMA, he would have not said this publicly in an ASEAN event...
Does he even know WHY Security Offences
(Special Measures) Act 2012 (SOSMA) IS BAD? Sadly, some of the PH MPs also do not understand why SOSMA and the Detention Without Trial laws like POCA, POTA need to be repealed...
SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?
Malaysian Bar - SOSMA Must Not be Abused to Quell Dissent - condemns arrest of Maria Chin?
Bar Resolution for the Repeal of the Prevention of Crime Act 1959 and All Detention Without Trial Laws, and Provision for Compensation for Deprivation of Liberty of the Innocent
He is also wrong when he says that "However, the law has been abused in the past for political reasons,...' - It has been used mostly against non-politicians...ordinary Malaysians...
Now, if the police uses SOSMA and then maybe POCA or POTA - the victim, even though innocent, cannot even challenge the reasons for the use of POCA and POTA in court...
Even for organised crimes, then charge the person in court ...and, remember it is NOT the police or prosecutor or the Minister that decides whether someone is GUILTY or not - it is the courts after a FAIR TRIAL.
Should a PH-led Cabinet member be making such statements publicly? Maybe the PM should remove such people from the Cabinet - and immediately repeal all these draconian laws like SOSMA, POCA, POTA...do not delay...Remember POCA now can be used against anyone who committed any Penal Code offence who allegedly committed the crime against another...Remember the presumption of innocence until proven guilty...in a court after a fair trial.
WHEN SOSMA IS USED, BASIC RIGHTS OF THE SUSPECT, AS PROVIDED BY MALAYSIAN LAW ARE IGNORED BY THE POLICE/PROSECUTORS - JUDICIAL OVERSIGHT OF POLICE ACTIONS IS REMOVED...
Magistrate decides whether police can ddetain a suspect for more than 24 hours
In Malaysia, after arrest, the police can also keep a 'SUSPECT' in detention for less than 24 hours - and, if the police needs to detain a person for a further period, he must bring before a Magistrate and apply for a remand order....which can go on for a maximum of 14 days...
Why the Magistrate?
Well, we do not trust the police ...who can unnecessarily detain a 'suspect', or even do things that is not allowed in law...like "TOTURE"(Anwar was beaten and given a black eye, and there is so many incidences of death in police custody)...
So, the Magistrate listens to the application of the police, listens to the submissions of the 'suspect'(or his/her lawyer), may even ask questions to the accused and even the police ...to determine whether a 'SUSPECT' really needs to be further remanded for the purpose of further investigations. Then the Magistrate orders further remand, if deemed necessary and just...[even after the Magistrate orders further remand, this decision could be reviewed by a High Court judge]
Under SOSMA, no need to bring before a Magistrate - a police officer can simply extend period of detention for up to 28 days...
Section 4 SOSMA
(5) Notwithstanding subsection (4), a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation.
Thus, there will be NO 'check and balance' by the Magistrate/Judge - and anyone who the police claims is a suspect ....and later that 'suspect' may simply be released ...Now, when a person is simply arrested/detained - think of what will happen to his/her job, income...family....and, in Malaysia, there is still no law to provide for COMPENSATION for those simply arrested and detained...There really must be a law to provide for COMPENSATION to people who are denied their freedom wrongly be it intentionally/negligently...
Of course, the rich an powerful like Najib do not even spend days in police lock-up - usually only the poor...
WHEN EVIDENTIAL AND CRIMINAL PROCEDURAL REQUIREMENT/STANDARDS CAN BE IGNORED
In a CRIMINAL TRIAL - what is admissible and acceptable by court are provided for by our Evidence Act and also our Criminal Procedure Code >>> but SOSMA allows for the ignoring of this criminal procedural and/or evidential requirements... So, evidence not normally accepted by court, may be accepted if SOSMA is used...This is NOT JUST...and certainly will not ensure a fair trial...
WHEN BAIL CAN BE DENIED FOR BAILABLE OFFENCES
BAIL - Normally, the law will stipulate what offences can be bailable and what cannot....BUT, if SOSMA is used, then Bail will be denied for even offences that are bailable... so, an accused person will have to be detained until his/her trial is over ....Remember, if he/she is finally found not guilty - in Malaysia, he/she will not receive any COMPENSATION...and he/she may have spend years in detention until his trial/appeals all come to an end...This is certainly not fair and just...
So, what nonsense when the Deputy Home Minister public says that SOSMA is good...
Maybe, the media got it wrong - so the government need to quickly set the record straight, and reaffirm its commitment to speedily repeal SOSMA, POCA, POTA and other draconian laws...
AND in the interim period, pending the REPEAL, IMPOSE a moratorium on the usage of these laws...
Sosma is good and necessary, but needs to be reviewed, says Deputy Home Minister
Tuesday, 7/8/2018
KUALA LUMPUR: The Security Offences
(Special Measures) Act 2012 (Sosma) is a good and necessary law, but
will be reviewed given past abuses of the law, said Datuk Mohd Azis
Jamman.
The Deputy Home Minister said he firmly believes that the law is good, as it enables authorities to tackle serious crimes such as organised crimes and terrorism.
"However, the law has been abused in the past for political reasons, thus the ministry has set up a special committee to review it along with other laws, such as Prevention of Terrorism Act (Pota) and Prevention of Crime Act (Poca).
"In my opinion, the law is good and if this law is no more, I am quite sure organised crime syndicates will laugh at the authorities," he told a press conference after launching the meeting of Asean Immigration Heads on Tuesday (Aug 7).
He was asked to comment on calls to not repeal Sosma by former top cops, including former deputy Inspector-General of Police Tan Sri Bakri Zinin.
When pressed further whether he ruled out the possibility that Sosma will be repealed, Mohd Azis said the special committee, which will include the Attorney General's Chambers and other agencies, will review it.
"We will take into account the views of various parties, especially the Royal Malaysia Police, who are the frontliners.
"We will come to a conclusion and inform the rakyat when the time comes," he said.
On July 22, Prime Minister Tun Dr Mahathir Mohamad said the government would repeal laws that are oppressive, especially Sosma.
Dr Mahathir said the act, which was introduced during former prime minister Datuk Seri Najib Tun Razak's administration, allowed the government to arrest anyone without having to go to court. - Star, 7/8/2018
https://www.thestar.com.my/news/nation/2018/08/07/sosma-is-good-and-necessary-but-needs-to-be-reviewed/
The Deputy Home Minister said he firmly believes that the law is good, as it enables authorities to tackle serious crimes such as organised crimes and terrorism.
"However, the law has been abused in the past for political reasons, thus the ministry has set up a special committee to review it along with other laws, such as Prevention of Terrorism Act (Pota) and Prevention of Crime Act (Poca).
"In my opinion, the law is good and if this law is no more, I am quite sure organised crime syndicates will laugh at the authorities," he told a press conference after launching the meeting of Asean Immigration Heads on Tuesday (Aug 7).
He was asked to comment on calls to not repeal Sosma by former top cops, including former deputy Inspector-General of Police Tan Sri Bakri Zinin.
When pressed further whether he ruled out the possibility that Sosma will be repealed, Mohd Azis said the special committee, which will include the Attorney General's Chambers and other agencies, will review it.
"We will take into account the views of various parties, especially the Royal Malaysia Police, who are the frontliners.
"We will come to a conclusion and inform the rakyat when the time comes," he said.
On July 22, Prime Minister Tun Dr Mahathir Mohamad said the government would repeal laws that are oppressive, especially Sosma.
Dr Mahathir said the act, which was introduced during former prime minister Datuk Seri Najib Tun Razak's administration, allowed the government to arrest anyone without having to go to court. - Star, 7/8/2018
https://www.thestar.com.my/news/nation/2018/08/07/sosma-is-good-and-necessary-but-needs-to-be-reviewed/
Abolish Sosma, NSC Act, Pota, Poca now
The Coalition for Free and Clean Elections (Bersih 2.0)
strongly condemns Deputy Home Minister Mohd Azis Jamman’s reported
statement calling the Security Offences (Special Measures) Act 2012
(Sosma) a good law.
According to the
report, this was said during a press conference after the launch of the
Asean immigration heads meeting in Kuala Lumpur on 7 August.
Bersih
2.0 would like to ask the deputy minister to please clarify what aspect
of the law he thinks is good especially to those families of people
currently detained under Sosma.
Detainees have reported instances
of being beaten and forced to suffer dehumanising conditions merely to
extract a confession. Many families of Sosma detainees have been left in
a state of limbo following detention without trial of their family
member for 28 days in the initial period and then prolonged detention
while waiting for trial. Their lives have been turned upside down by
Sosma.
Sosma’s legacy is no more than a tool used by the former
Barisan Nasional government to silence dissenting opinions. The most
glaring case was the detention of Maria Chin Abdullah, former
chairperson of Bersih 2.0, for 10 days under Sosma. She was held in
solitary confinement and mentally tortured with long hours of non-stop
interrogation by police officers.
We
find it appalling that the government is still making statements about
how they are thinking about reviewing Sosma instead of abolishing it,
especially since Pakatan Harapan has already made a commitment in its
manifesto to abolish these oppressive laws.
Malaysia has more than
enough laws that in line with human rights to tackle criminals and
terrorists. There is no need to retain the infamous Sosma.
The
government must never waver in its commitment to fulfilling its
obligation to repeal any oppressive laws enacted under BN rule. This
also includes the abolishment of the National Security Council Act, the
Prevention of Crime Act and the Prevention of Terrorism Act, which will
be misused.
Bersih 2.0 reminds the government that it had won
because the Rakyat was fed up with living under the oppressive rule of
Barisan Nasional. If they continue to follow in BN’s footsteps, then
they will lose the support of the Rakyat.
Bersih 2.0 steering committee
Source: ALIRAN Website, 9/8/2018
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