# Statement was reported in FMT, Focus Malaysia, Malaysiakini,...
Media Statement – 13/3/2023
Remove Saifuddin Nasution As Home Minister as he has been found wanting
Home Minister must be someone who respects Rule of Law, Human Rights and Justice, and do not fear criticizing the police and will get rid of draconian laws like SOSMA
When Home Minister Datuk Seri Saifuddin Nasution Ismail, in a Parliamentary Reply said that 401 was punished (not tried and convicted) in 2022 under Security Offences (Special Measures) Act 2012 (SOSMA), doubts have arisen about his suitability to continue to be Home Minister of Malaysia.
Does this Minister not understand the Rule of Law, and the administration of criminal justice? The law cannot be used to PUNISH anyone, save for those already charged, accorded a fair trial, found guilty and sentenced. The sentence is the only punishment permissible by law. Arrest and pre-conviction detention should NEVER be abused to punish anyone.
‘..A total of 624 individuals were detained under the Security Offences (Special Measures) Act (Sosma) last year, says Datuk Seri Saifuddin Nasution Ismail. The Home Minister added that 140 of these detainees had already been released. “Of those detained, 71 were charged in court, 401 were punished, 140 were released and 12 are still under investigation,” he said in a written reply to a question by Chow Yu Hui (PH-Raub) in the Dewan Rakyat yesterday. ..’(Star, 7/3/2023)
Only 71 out of 624 SOSMA victims were charged in court. SOSMA is NOT a Detention Without Trial Law. Post arrest detention without trial is only for purpose of investigation, nothing else. Police cannot use detention or torture, even under SOSMA, for the purpose of ‘punishing’ anyone in Malaysia
Of the 624 arrested and detained for offences were listed in SOSMA, only 71 were apparently charged and tried – meaning that almost 550 innocent persons have ended up becoming victims of SOSMA, and they possibly suffered detention or prolonged detention in police custody, as SOSMA allows for detention beyond the maximum 14 days stipulated in Malaysia’s Criminal Procedure Code.
The Minister must disclose how many days they spend in police custody, and how much suffering they endured with regard to the employment, business or income generating activities, which all affects not just the detainee but also the family and children, more so, if the detained was the sole or primary bread winner. Really, Malaysia, must for the sake of justice, consider how we can compensate victims of SOSMA and other criminal laws, for their loss of liberty, rights and losses when they have held in detention in the administration of criminal justice.
Post arrest custody for purposes of investigation ONLY – equal treatment for all.
For suspects, police should only keep them in police custody when absolutely needed for the purpose of investigation. Police can always continue investigation without any arrest or detention. Suspects can be asked to turn up when needed for questioning and statements. We have seen this done in the cases of former Prime Minister Najib and most recently former Prime Minister Muhyiddin Yassin. They never had to spend day/s in police lock-ups.
In the administration of criminal justice, law enforcement must never discriminate based on poverty, ethnicity, class or position, consistent with Article 8(1) of the Federal Constitution that states, ‘(1) All persons are equal before the law and entitled to the equal protection of the law.’
Home Minister Must Understand Human Rights, Justice and Rule of Law
A Home Minister, who is responsible for criminal law enforcement, must be a person who understands the Rule of Law, justice and human rights. He must understand the presumption of innocence until found guilty by a court of law after fair trial. He must never condone police abuse of powers, or the use of law for any other ulterior motives like ‘punishment’ before conviction.
The Minister is not supposed to condone wrongs of the police, but must fearlessly point out the wrongs, and reform the administration of criminal justice. How can he not criticize the use of SOSMA to PUNISH? Did ‘punish’ in his Parliamentary Reply mean something else?
SOSMA needed? Maintained and not to be repealed because not in PH GE15 Manifesto?
In December last year, Saifuddin said the government had no intention of reviewing SOSMA. On 16/2/2023, the Minister said SOSMA still a relevant act to maintain national security and the government is committed to strengthen the law. (Star, 16/2/2023) "The police still need the law to implement any urgent action to prevent panic among the people and address threats to the country's sovereignty and the wellbeing of the people," he said in a written reply yesterday [15/2/2023].(New Straits Times).
The Malaysian police and law enforcement, if they are professional and competent, can certainly carry out law enforcement urgently without SOSMA. They can already investigate and charge anyone who has broken the law.
MADPET believes law enforcement do not need SOSMA, being an Act to provide for special measures relating to security offences for the purpose of maintaining public order and security and for connected matters. SOSMA wrongly allows for not certain requirements of the Malaysian Criminal Procedure Code and Evidence Act. Why?
If there is a need for certain serious security offences, where the police need longer maximum period in detention for the purposes of investigation, then the law can provide for it but the role of the Magistrate must be maintained.
SOSMA excludes Magistrate role to ensure no abuse.
Article 5(4) of the Federal Constitution says, ‘Where a person is arrested and not released, he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate’s authority.’
Under SOSMA, there is no need to bring before the Magistrate, In SOSMA, after 24 hours in custody after arrest, all it needs is that ‘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.’
Does not the Home Minister, PM Anwar Ibrahim and the PH-led government fail to understand the role of the Magistrate and remand hearings? It is to protect suspect’s rights and to ensure that the police do not abuse their powers, including by torture, when police custody post-arrest detention only permissible for purposes of investigation.
Police can only keep a suspect in custody for questioning and other investigations requiring the presence of the suspect. A suspect cannot be held simply to ‘punish’.
The Magistrate and the remand hearing that give the suspect right to be heard is to prevent abuse and protect human rights,
Remember that Parliament in its wisdom in 2007 amended the law to set new maximums of the length of remand orders a Magistrate can give in an application, where it is now depends on seriousness of the offence, and for serious offences like murder, it is 7 days. Previously, that maximum on the 1st application could be 14 days. Parliament wanted the police to bring the suspect before the Magistrate regularly.
Sadly, our current Home Minister and government, despite the call of the Malaysian Bar, SUHAKAM, civil society and justice loving Malaysian fails to understand the need for the immediate repeal of SOSMA
Saifuddin Nasution, the PKR secretary-general and Pakatan Harapan secretary-general, maybe a good Member of Parliament and politician but, according to MADPET, he does not qualify to remain the Home Minister.
MADPET calls on the Home Minister to resign, or alternatively urge Prime Minister Anwar Ibrahim to remove him as Home Minister, or even from the Cabinet. Choose a Home Minister that understands and respects human rights, and will always uphold justice.
MADPET calls for a disclosure of how the 401 held under SOSMA that was punished last year.
MADPET reiterates the call for the immediate repeal of SOSMA.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
Hundreds held under Sosma, Poca and Pota last year
Tuesday, 07 Mar 2023
KUALA LUMPUR: A total of 624 individuals were detained under the Security Offences (Special Measures) Act (Sosma) last year, says Datuk Seri Saifuddin Nasution Ismail (pic).
The Home Minister added that 140 of these detainees had already been released.
“Of those detained, 71 were charged in court, 401 were punished, 140 were released and 12 are still under investigation,” he said in a written reply to a question by Chow Yu Hui (PH-Raub) in the Dewan Rakyat yesterday.
Chow had asked about the number of those detained under Sosma, as well as the breakdown of their race and ages.
He also enquired about the number of those detained under the Prevention of Crime Act (Poca) and the Prevention of Terrorism Act (Pota).
Last month, Saifuddin Nasution, in a written reply to RSN Rayer (PH-Jelutong), said Sosma was still a relevant law to maintain national security because it allows the police to take immediate action to defuse any threats to national sovereignty and harmony.
Repealing Sosma was not among the pledges in Pakatan Harapan’s GE15 election manifesto, though several DAP leaders had previously criticised Sosma as having draconian provisions.
Meanwhile, Saifuddin Nasution said those detained under Sosma last year were between 18 and 69 years old and included 247 Malays, 83 Chinese, 89 Indians, 47 of other races and 158 foreigners.
On Poca, Saifuddin said that 132 individuals were detained, of which 67 were Malays, 13 Chinese, 38 Indians, 13 of other races and one foreigner.
He said those detained were between 19 and 59 years old.
Poca, which was amended in 2015, is a preventative law to deal with criminals, particularly members of secret societies, terrorists and other undesirable persons.
Saifuddin Nasution said that only one individual, a Malay, was detained under Pota and is currently under a detention order.
Pota, which was passed in April 2015, allowed authorities to take action against Malaysians suspected of being involved with the Islamic State or other terrorist organisations.
To a written question by Datuk Wan Saiful Wan Jan (PN-Tasek Gelugor), Saifuddin said that as of Jan 30 this year, 195 individuals were detained under Sosma and are currently undergoing trial.
Of this total, 46 were for smuggling and human
trafficking, two for terrorism and 147 for organised crime under the
Penal Code. - Star, 7/3/2023
Home Minister Saifuddin Nasution Ismail today reiterated that the Security Offences (Special Measures) Act 2012 (Sosma) would not be amended for now.
However, there was a possibility of Sosma being reviewed in the future, he told reporters after visiting the Malaysia Volunteers Corps Department (Rela) headquarters today.
"My stand is that laws are dynamic and not static, and we have Parliament to formulate and amend laws.
"We need to respond according to the situation from time to time. And should it be amended now? No. This is my principle and stand at the moment,” he said when asked to comment on DAP deputy chairperson Gobind Singh Deo’s call for him to reconsider his statement on Sosma.
Saifuddin had said on Tuesday that he did not intend to review Sosma and that unlike the abolished Internal Security Act 1967 (ISA), it did not provide for detention without trial.
Yesterday, Gobind, who is also Damansara MP, urged Saifuddin to reconsider his stand on Sosma, saying it contradicted Pakatan Harapan’s (Harapan) longstanding view that Sosma was oppressive in nature.
The former communications and multimedia minister suggested that Sections 6, 13, 14 and 18A of Sosma be amended as they were oppressive.
"There are several sections and clauses of Sosma which cannot be retained forever and should be given appropriate consideration (for review) from time to time.
“But for now, I have to say ‘no’ because I have been here (home ministry) for just two weeks,” Saifuddin said.
- Bernama > Malaysiakini, 15/12/2022
Sosma needed for national security, says Saifuddin Nasution
By TARRENCE TAN, MARTIN CARVALHO and RAHIMY RAHIM
Nation
Thursday, 16 Feb 2023 9:20 AM MYT
KUALA
LUMPUR: The Security Offences (Special Measures) Act (Sosma) is still a
relevant act to maintain national security and the government is
committed to strengthen the law, says Home Minister Datuk Seri Saifuddin
Nasution Ismail.
He said Sosma is also important to maintain
public order and the police need the law to take immediate action to
avoid any threats to national sovereignty and harmony.
“The
government is committed to improve the law to ensure national peace and
security, but it has to be balanced with societal rights, as well as
national peace and interests,” said Saifuddin in a written reply dated
Feb 15.
Saifuddin said the ministry has held discussions and internal workshops to scrutinise suggestions to improve the law.
“Stakeholders, including NGOs, academics, community, and among others,
will be involved in a feedback gathering session towards proposals to
improve the law,” added Saifuddin.
Saifuddin was responding to
RSN Rayer (PH-Jelutong), who asked the ministry to state steps taken to
restudy provisions under Sosma that have received public criticisms.
In
December last year, Saifuddin said the government had no intention of
reviewing Sosma, which provides for preventive detention of up to 28
days.
Repealing Sosma was not among the pledges listed in Pakatan Harapan’s GE15 election manifesto.
Several DAP leaders have previously criticised Sosma as having draconian provisions.
Home Minister Saifuddin Nasution Ismail said his ministry was holding discussions and workshops to study the proposals.
"Interested parties including NGOs, academics, community groups and others are involved in the process," he said.
Saifuddin (above) was responding to a question from P Prabakaran (Harapan-Batu), who enquired if the government will abolish or review Sosma.
Sosma allowed for up to 28-day detention without trial for those suspected of "security offences" - which critics said was not clearly defined and thus subject to abuse.
Section 30 of the law has also attracted criticism because it allowed for a person tried under the law to be held in detention "pending exhaustion of the trial process".
In contrast, a murder suspect will enjoy freedom upon acquittal by the lower courts.
In December last year, Malaysiakini had reported on the plight of three dozen people who are still held under Sosma while pending trial under different laws.
Pakatan Harapan's manifesto does not promise any reforms for Sosma, but many Harapan MPs have urged Saifuddin to review the controversial law. - Malaysiakini, 22/2/2023
Group calls for removal of Saifuddin as home minister
Madpet says Malaysia needs a home minister who respects human rights and upholds justice, while calling for Sosma’s repeal.
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PETALING JAYA: A rights group has called for Saifuddin Nasution Ismail to be removed as home minister, saying Malaysia needs a home minister who respects human rights and would uphold justice.
Malaysians Against Death Penalty and Torture (Madpet) cited how Saifuddin reportedly said 401 people had been “punished” under the controversial Security Offences (Special Measures) Act, or Sosma, in 2022.
Saifuddin had also said that out of the total of 624 people detained under Sosma last year, 140 were released, 71 were charged in court, and 12 were still being investigated.
Madpet spokesman Charles Hector said the law cannot be used to punish anyone unless they were charged, given a trial, found guilty by the courts and meted a sentence.
“The sentence is the only punishment permissible by law. Arrest and pre-conviction detention should never be abused to punish anyone.
“Sosma is not a detention-without-trial law. Post-arrest detentions without trial is only for the purpose of investigations, nothing else. Police cannot use detention, even under Sosma, for the purpose of ‘punishing’ anyone,” he said in a statement.
Hector also repeated calls for Sosma to be abolished, despite Saifuddin’s insistence that it was still needed though its repeal was part of Pakatan Harapan’s election manifesto.
He said there were other existing laws the police could use, as Sosma allowed the police to detain a person for up to 28 days without requiring a magistrate’s order. He also said this was unconstitutional.
“Sadly, our current home minister and government fail to understand the need for the immediate repeal of Sosma despite the calls of the Malaysian Bar, Suhakam, civil society and justice-loving Malaysians.
“Saifuddin, the PKR and PH secretary-general, may be a good MP and politician but, to Madpet, he does not qualify to remain the home minister.
“Madpet calls on the minister to resign or, alternatively, on Prime Minister Anwar Ibrahim to remove him as home minister or from the Cabinet as a whole.”
In December, Saifuddin said a review of Sosma was not needed as the law was necessary to tackle organised crime-related cases. He also said Sosma allowed the court process to take place.
That same month, Saifuddin’s deputy, Ramkarpal Singh, said the minister agreed to hold engagements with stakeholders on Sosma.
While Saifuddin confirmed in January that engagements on the
controversial law were ongoing, he later reiterated that Sosma was still
necessary to safeguard the nation’s security and peace. - FMT, 13/3/2023
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