SOSMA is similar to ESCAR - We recall that after the Bar passed the RESOLUTION on ESCAR calling for a ‘boycott’ of cases that used ESCAR,... see Malaysian Bar President's Statement
SOSMA Has No Place in Malaysia
20 Feb 2025 5:27 pm
The
Malaysian Bar welcomes the directive of the Prime Minister, Dato’ Seri
Anwar Ibrahim, that the Government reviews and reassesses the Security
Offences (Special Measures) Act 2012 (“SOSMA”).1 It was
reported that the Government will work towards reviewing the law in
order to keep a balance between upholding national security and
respecting human rights.2 The scrutiny of this draconian law is long overdue.
A mere review or piecemeal amendments of SOSMA, however, will not be
sufficient to address the deep-seated flaws of the law. The Malaysian
Bar firmly maintains that SOSMA must be repealed in its entirety.
Any law governing security offences must operate within the frameworks
of justice and due process. SOSMA, by its very nature, however, grants
sweeping powers to law enforcement agencies, overriding fundamental
rights and liberties enshrined in the Federal Constitution. This
creates an environment ripe for misuse of power, where individuals are
detained without proper judicial supervision, denied the right to bail,
and subjected to a process that undermines their right to a fair trial.
The very existence of such a law threatens the integrity of our legal
system and the rule of law.
One of the most alarming aspects of SOSMA is the provision that allows
for detention without judicial oversight. Under ordinary legal
principles, a person who is arrested must be brought before a Magistrate
within 24 hours. This is a crucial safeguard to prevent unlawful
detention and to ensure that law enforcement agencies operate within
legal boundaries. SOSMA extends the period of detention to 28 days
without requiring the suspect to be presented before a Magistrate for
remand. The 28 days of detention, without judicial scrutiny, is twice
as long as the period of remand provided for under the Criminal
Procedure Code.
Further, SOSMA denies the accused the right to be granted bail, except
in very limited circumstances. This is a denial of the presumption of
innocence — a cornerstone of any fair and just legal system. The
granting of bail is to strike a balance between protecting public
interest and safeguarding individual liberty, yet SOSMA disregards this
altogether, leading to situations where individuals face unnecessarily
prolonged detention without trial.
Proponents of SOSMA argue that the law is
necessary to combat threats to national security. However, this
argument overlooks the fact that Malaysia already has other
well-established laws3 that equip law enforcement agencies
with more than enough statutory power to investigate individuals
detained for complex security offences. These laws provide mechanisms
for thorough investigation and prosecution, and do not erode the
fundamental liberties of the accused person in the trial process. The
authorities have no justification for resorting to SOSMA when these
existing laws already provide the needed legal framework. The existence
of SOSMA is therefore not only redundant, but dangerous, as it removes
key safeguards that prevent overreach and abuse.
A truly democratic nation does not sacrifice fundamental liberties in
the name of national security. National security should never be used
as a justification to diminish individual rights or to give unchecked
powers to the authorities. The rule of law means that statutory power
granted to the authorities or the Executive must remain within legal and
constitutional boundaries, not outside of them. Any law that allows
for the possibility of unchecked power, arbitrary detention, and the
erosion of fair trial rights should not exist in a society that upholds
justice.
We are reminded of the third principle of our Rukun Negara — Keluhuran
Perlembagaan — which points out that the Federal Constitution is
supreme. SOSMA is inconsistent with the principles of constitutional
supremacy and natural justice. While the Government’s intention to
review the law is a step in the right direction, there can be no
compromise when it comes to the protection of fundamental liberties.
SOSMA has no place in our maturing democratic nation and is an affront
to the principles of natural justice. The Malaysian Bar strongly calls
for the Government to take decisive action and abolish SOSMA in its
entirety. Malaysia should uphold its commitment to the protection of
human rights by repealing all preventive detention laws, beginning with
SOSMA.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
20 February 2025
1 “[UPDATED]: Government to review and reassess Sosma following PM's directive”, 14 February 2025, New Straits Times.
2 “Sosma review seeks to balance security, human rights: Saifuddin”, 15 February 2025, Malaysiakini.
3 Penal Code, Criminal Procedure Code, Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, and Special Measures against Terrorism in Foreign Countries Act 2015, among others.
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Disappointed with PM Anwar Ibrahim and Pakatan Harapan led government for NOT repealing SOSMA
Bar Resolution - From Boycott to active participation as amicus curiae(friend of the court) in all SOSMA cases, as SOSMA is oppressive and against the rule of law.- READ THIS
Remove Saifuddin Nasution As Home Minister as he has been found wanting...- MADPET
SOSMA must be repealed now, if not seriously amended to remove mandatory denial of bail, and restoration of Magistrate’s role in detention for purpose of investigation...(MADPET)
Karpal and lawyers threatened to boycott ESCAR trials - SOSMA is just like ESCAR - So repeal it, and ensure all TRIALS are fair and comply with Evidence Act and Criminal Procedure Code.(MADPET Statement)
Hunger Strike 215 SOSMA victims - PH-led Government stop using SOSMA and DWT laws NOW...pending
repeal?
ANWAR finally speaks out on SOSMA - weakly calling for 'remedial action' not strongly calling for REPEAL?
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?
Ezri, the 34th President is now pressing, with a firm stance on legal reform, for the repeal of Security Offences (Special Measures) Act 2012 (SOSMA). – – March 17, 2024, Focus Malaysia
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