‘Act does not violate legal rights of accused’

KUALA LUMPUR: The Security Offences (Special Measures) Act 2012 (Sosma), which is aimed at fulfilling Article 149 of the Federal Constitution, sets out special powers or authority to combat subversive activities, organised crime and terrorism, as well as crimes that are considered as detrimental to the public.

While debates are taking place on whether Sosma should be retained, lawyer Datuk Mohd Hafarizam Harun said the two concerns were between protecting national security and the right of a detainee accused of an unproven crime.

Hafarizam said on the basis of human rights, Sosma did not actually violate the legal rights of an accused detained under the Act, as the Act itself provided a resolution for the police to notify family members of his arrest and he was also allowed legal representation.

“It is similar to the Criminal Procedure Code, where the suspect is given the opportunity to appoint an advocate and have consultation with his family member.

“On the 28-day detention, it does not mean that an accused will be locked up for 28 days.

“There are provisions in the Act that may see the conditional release of the accused before the 28 days are over. He may, however, be asked to wear an electronic GPS anklet with surveillance features, so that his movement can be track,” he said.

Hafarizam said police could not hold or keep a detainee for more than 28 days and must be referred to either the court or Home Ministry for further instruction under the Act.

“The long detention allowed in the Act may be regarded as violation of the fundamental rights and freedoms set forth in the Federal Constitution, but one must remember that Sosma is a subsidiary law in accordance with the Article 149, also of the Federal Constitution,” he said.

Hafarizam said if the Act intended to maintain public order in the country, Sosma could be referred as ineffective in terms of enforcement as it allowed detainees to defend themselves.

“In short, this law still allows the ‘innocent assumption until an accused in proven guilty’,” he said, referring to the perception on former Sosma detainees, who had been freed and living among the society.

On the 28-day detention, it does not mean that an accused will be locked up for 28 days. DATUK MOHD HAFARIZAM HARUN

Lawyer