Malaysia’s review of detention without trial law welcomed, but some call for its repeal

KUALA LUMPUR – Malaysia’s plan to review a controversial law that allows for suspects to be detained for up to 28 days without trial has been welcomed by civil society groups, with some saying the law should be repealed entirely.

The Security Offences (Special Measures) Act, commonly referred to as Sosma, was enacted in 2012 to tackle serious threats to national security and public order, but it has also long been criticised as “draconian” and there have been periodic calls for its repeal.

Home Minister Saifuddin Nasution Ismail told Parliament on Feb 19 that the law will be reviewed with possible amendments to be tabled in July. These include creating a special court to speed up hearing of Sosma cases as well as reassessing the blanket no-bail rule and the 28-day remand period.

“Out of the 73 offences covered under this Act, which includes crimes against the country, organised crimes and offences under the Anti-trafficking in Persons and Anti-Smuggling of Migrants Act, we will determine which can now be left to the court’s discretion for bail.

“Previously, bail was not allowed in these cases,” Datuk Seri Saifuddin said.

The review comes after inmates jailed under Sosma, as well as their families, caused a fracas inside and outside Sungai Buloh Prison, in Selangor, in February.

Human rights groups, politicians and experts welcomed the review, saying security considerations should also be weighed against fairer treatment of detainees.

Mr S Arutchelvan, a senior leader from Parti Sosialis Malaysia, which has long criticised Sosma for detaining suspects without bail, said moves to amend the law previously had faced pushback from the police.

“I think the police find it is the easiest way to put gang members behind bars. Some of their reasoning is quite legitimate, as most of the time they can’t get witnesses to speak against these gangsters out of fear,” said Mr Arutchelvan.

He noted, however, there are other ways to prosecute such criminals. “For example, we can ensure that witnesses are able to testify behind closed doors for their protection,” he told The Straits Times.

Sosma was gazetted in June 2012 to replace the more severe Internal Security Act (ISA) that was passed down from British colonial authorities. ISA had allowed for detention without trial for up to two years, with a possible further extension, for subversive crimes or acts of terror.

Similarly, Sosma was enacted to provide broad powers against subversion, threats to public order, acts of terrorism, sabotage and espionage. It covers offences against the state and is aimed at maintaining public order and security. Sosma currently imposes a blanket no-bail rule for most offences, except in cases involving women, minors, or individuals who are sick. This exemption is applied at the court’s discretion.

Human Rights Commission of Malaysia (Suhakam) Commissioner Noor Aziah Mohd Awal told ST that while the organisation applauds the government’s move to review the Act, it hopes for the eventual repeal of the law.

She pointed out that under Article 5 of the Federal Constitution, a person must be brought before the court within 24 hours to get a remand order. However, under Sosma, a person can be detained for 28 days before going to court and once charged, they are not eligible for bail.

“The 28-day detention without trial must be abolished or reduced. That is a blatant infringement of human rights. We understand and respect that security issues are very important and a priority to the country but the rights to freedom and the right to be heard and fair trial must also be guaranteed.

“Under Sosma, a detainee could be held for three to four years after they are charged, while waiting for trial. We welcome the special court as it would reduce the waiting time,” said Datuk Noor Aziah.

Malaysia’s Bar Council president Mohamad Ezri Abdul Wahab said in a press statement on Feb 20 that Sosma overrides the fundamental rights and liberties enshrined in the Constitution.

He pointed out that a review or piecemeal amendment to the legislation is not sufficient to address the deep-seated flaws found in the law.

“The Malaysian Bar firmly maintains that Sosma must be repealed in its entirety,” said Mr Ezri.

The law has been applied recently for incidents such as the Ulu Tiram police station attack, where two police officers were killed by a man wielding a machete in May 2024. The attacker was killed in a police shootout. Five members of his family were held under Sosma to help with the investigation.

In another case, the chief executive officer of deviant Muslim group Global Ikhwan Services and Business Holdings (GISBH) Nasiruddin Mohd Ali, his wife Azura Md Yusof and 14 others were detained in October 2024 under Sosma. They were suspected of serious crimes such as human trafficking and child abuse.

Former police officer and crime expert Kamal Affendi Hashim told ST that the government must ensure that the police or authorities can still carry out enforcement activities against threats to national security, if Sosma is repealed or amended.

“If any law is repealed or amended and affects the police’s ability to do their job effectively, the public will lose out because the police’s hands are tied,” said Mr Kamal.

In a statement on Feb 19, human rights group Suara Rakyat Malaysia executive director Sevan Doraisamy said that the special committee deliberating the Sosma amendments must include civil society organisations, criminologists and the authorities to ensure a balanced and rights-based approach.

“Limiting discussions to security agencies alone risks the serious right to fair trial violations enabled by Sosma being unaddressed,” said Mr Sevan.