Gobind calls for review of Sosma after Lawyers For Liberty’s statement

PETALING JAYA: Damansara MP Gobind Singh Deo has asked Home Minister Datuk Seri Saifuddin Nasution to reconsider his stance on the Security Offences (Special Measures) Act (Sosma), saying that the latter’s position is at odds with the position taken by Pakatan Harapan, which has acknowledged that Sosma is “problematic and needs to be dealt with”.

In a Facebook post on Wednesday (Dec 14) to respond to Saifuddin’s statement on Tuesday, where the latter stated that the government has no intention of reviewing Sosma, which provides for preventive detention of up to 28 days, Gobind, who is also DAP’s deputy chairman, said it is undeniable that “Sosma is oppressive in nature” even as it is acknowledged there is a need for laws to deal with national security.

“In October 2019, Prime Minister Datuk Seri Anwar Ibrahim himself is reported to have said that certain parts of Sosma should be amended and improved for the benefit of all parties, as the law has been deemed ‘too harsh’.

Gobind said Section 4 of Sosma permits a person to be detained for a period of up to 28 days, without access to court.

“There is therefore no check and balance on the powers of the investigating authorities during this period of time. This allows for abuse not only in point of wrongful arrests but also during the course of investigations which must not be allowed,” said Gobind, who added this is why Pakatan Harapan voted against the motion brought by the previous Home Minister to extend Section 4(5) of Sosma in Parliament on March 23 (2022).

“We in Pakatan have been consistent in our call for change. When faced with legislation oppressive in nature, discussions must be held and points of view taken moving ahead in line with our push for reforms. I would therefore ask the Home Minister to reconsider his position.”

Likewise, Lawyers for Liberty also called on Saifuddin to repeal Sosma as it is untenable and makes a mockery of fairness in the criminal justice system.

Its director Zaid Malek said there is no reason or justification for the Act to exist when the Criminal Procedure Code, Evidence Act, Penal Code and other laws are adequate to handle the type of cases that are now under Sosma.

“The new government must uphold the guarantee of life and liberty under Article 5 of the Federal Constitution in the highest regard without compromise or equivocation,” he said in a statement yesterday.

Zaid expressed his disappointment in Pakatan which he said cannot retain and defend Sosma after the coalition voted against it in Parliament while being in the Opposition earlier this year.

“Despite being in office for less than a week, the new government backtracking on (repealing) such a draconian law as Sosma is a matter of grave concern.

“Are there more such U-turns and backsliding on the rule of law and human rights to come?

“We are disappointed and appalled that the Pakatan-led government will not review this draconian act, which facilitates custodial and other serious human rights abuses as well as long-term detention pending trial without bail.

“Has Pakatan so quickly forgotten the horrors of unlawful and arbitrary detention under Sosma when peaceful protest leaders and 1MDB scandal critics were detained by the old Barisan Nasional regime in order to silence them?

“It is this very same law which the new government now staunchly defends,” he pointed out.

Zaid said despite the fact that detention under Sosma is “only 28 days”, as Saifuddin argued, does not change the fact that it is an unreasonably long period of detention without judicial oversight, which is in effect punishing alleged offenders before they have even had their day in court.

“Beyond the 28 days of remand, detainees who are later charged with offences may also be detained indefinitely pending trial.

“Even if they are acquitted at trial, they can be further detained pending appeals at the Court of Appeal or Federal Court,” he added.