PETALING JAYA: Lawyers for Liberty’s director, Zaid Malek, has called for the immediate repeal of the Security Offences (Special Measures) Act 2012 (Sosma) as he believes it is cruel and unfair to both detainees and their families. His statement comes as family members of Sosma detainees continue their hunger strike opposite the Sungai Buloh prison since Monday (July 31). Many of these detainees have been held for years without trial.
Zaid points out that under Section 13 of Sosma, bail is not granted for those charged with a security offence under Sosma. This means that individuals are confined to prison for an indefinite period of time while awaiting trial, regardless of whether they are convicted or not.
This denies them the fundamental principle of being considered innocent until proven guilty, fully disregarding the justice system. If acquitted, these individuals have lost years of their lives and have suffered immeasurable damage both personally and psychologically, with no chance for compensation.
Zaid further highlights the injustice of Section 30 of Sosma, which allows for the further detention of individuals who have been acquitted if the prosecution appeals the acquittal. This results in even more years of imprisonment, despite being declared innocent.
Describing this situation as a violation of the right to life and liberty under Article 5 of the Federal Constitution, Zaid emphasizes that the crimes covered under Sosma are no different from other crimes and should be subject to the regular trial procedures and evidential rules.
He urges the government to fulfill its promise of repealing Sosma and to ensure that normal criminal procedures are applied to all Sosma detainees. This would put an end to the hunger strike by the detainees’ families, preventing any serious health consequences for them.
In 2018, Datuk Seri Anwar Ibrahim pledged that the Pakatan Harapan government, led by Tun Dr Mahathir Mohamad at the time, would repeal Sosma. Anwar, having personally experienced the suffering of detention during his time in prison, understands the urgency of this issue.
Credit: The Star : News Feed
