CHARLES HECTOR: Government still will use SOSMA and POCA for national security - not sure whether laws are against Human Rights?

Friday, August 24, 2018

Government still will use SOSMA and POCA for national security - not sure whether laws are against Human Rights?

And the Minister does not answer completely the question about SOSMA and POCA

MP Maria Chin asked about the current number of persons under SOSMA and POCA without any trial - she requested an age breakdown of such victims...and she also asked the question of whether the Government will still rely on these laws to enforce the law...

'...Kerajaan akan terus menguatkuasakan undang-undang untuk memelihara keselamatan negara....(Goverment will continue to enforce laws to preserve national security...)

And, the new Pakatan Harapan led government's answer is YES - will still continue to use SOSMA, POCA ... and that Home Ministry is also reviewing such laws to determine whether the usage of such laws are consistent with the norms of human rights...

THIS IS MOST DISAPPOINTING - THE MALAYSIAN GOVERNMENT MUST REALLY STOP USING SOSMA AND POCA (AND SUCH LAWS) FOR NOW ...PENDING ITS REVIEW AND REPEAL...Anyone can tell the government that such laws are inconsistent with human rights...

The answers, briefly in English,

SOSMA - 'until July 2018' 592 persons were detained under SOSMA(510 Malaysians 10 foreigners)

* the language used suggest that this may also be the total number of victims of SOSMA since it came into being...until July 2018...[Or was it just for 2018 ...until 2018...]?

Of the 582[believe that this is a mistake, and it should be 510] Malaysians, it says that 102 have been convicted of an offence, whilst 408 are remand prisoners..

- by 'remand prisoners', i would believe that this includes those that are languishing in prison without bail until their trial is over...But, the answer is 'vague' - was this simply people against whom SOSMA was used during the remand ...and they were then released without even being charged in court...How many really have been denied BAIL when SOSMA was used and are languishing in detention until their trial is over..

SOSMA - is a law that allows the police/prosecution to evade normal criminal procedure...and also evidential/procedural requirements if SOSMA is used during a trial..a person can be denied bail as well. Under normal procedure, after arrest within 24 hours, police has to bring the arrested before a Magistrate to get a further remand order to keep him/her detained... If SOSMA is used, no need for remand order of Magistrate - a person can be detained for 28 days. (Maximum remand generally under normal criminal procedure code is 14 days).

For the 102 convicted - was SOSMA used during the trial...was there a trial...or did they just simply plead guilty...were they 'tortured' 28 days ...and was that the reason for some pleading guilty...In short, the answers given are just TOO VAGUE..

WELL, MP Maria was 'disrespected' when her question about the 'age breakdown' of these victims was not answered...

POCA - Well, the answers given in brief as follows..

Until July 2018, there are 535 being detained under POCA - 448 Malaysians 87 foreigners

- the answer uses the word 'detain' - as such, we still do not have the information about how many are currently still under some RESTRICTION order..

Smartly, the MInister avoids the 'reasons' for their detention - how many really for 'triad' activities, how many for human trafficking, how many for drug trafficking,...how many for terrorist related crimes..how many really for stealing a cow with some others????

POCA’s usage which was originally limited for triads or crime gangs have been significantly extended vide Prevention of Crime (Amendment of First and Second Schedule) Order 2014 [PU(A) 122/2014], which came into force in 2 May 2014. Whilst previously limited for those persons who belong to any group, body, gang or association of 5 more persons who associate for purposes which include the commission of offences “involving violence or extortion” — it was extended to all offences under the Penal Code, and persons who also consort with these groups of two or more persons. As such, now any person who allegedly commits any Penal Code offence with two or more persons can now be subjected to POCA, irrespective of whether it involved violence or not....also be used against persons allegedly involved in the trafficking in dangerous drugs, in trafficking of persons and smuggling of migrant... engage in the commission or support of terrorist acts against “. . . . all persons who, being not less than twenty-one years of age, have since attaining the age of seventeen been convicted on at least three occasions of offences involving dishonesty or violence”.- 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

Well Najib was not a fool - they repealed the ISA and the Emergency Ordinance ..., and then in 2014 simply expanded the scope of usage of POCA - now it is not even restricted to national security, public order., etc ...it is so wide ...any Penal Code offense will do..