16 DEC — The Human Rights Commission of Malaysia (Suhakam) wishes to express its concern on the statement of the Home Minister that the Security Offences (Special Measures) Act 2012 (Sosma) is necessary in managing organised crime-related cases.
Whilst Suhakam acknowledges that Sosma was created pursuant to the special powers under Article 149 of the Federal Constitution, however, Suhakam is concerned by Section 4 of Sosma in which arrest, detention and renewal of the detention period does not require judicial oversight. The absence of judicial oversight allows the Executive and the police a free rein to abuse such power against citizens, human rights defenders and political dissidents.
Suhakam is of the view that there is a need for check and balance on the powers of the investigating authorities during detention. Appropriate balance must be struck between the need to protect the nation from security threats and the maintenance of human rights.
Suhakam wishes to reiterate our call for the need to have balance in laws aimed to protect sovereignty and those that uphold human rights principles. Human rights and national security are not mutually exclusive, nor are they in conflict with each other. Instead, they are interrelated and complementary.
Suhakam maintains a consistent position on security laws relating to detention without trial, that detention without trial goes against the core principles of human rights. Freedom from arbitrary detention, the right to a fair trial and the right to social and international order in which all rights can be fully realised are guaranteed by Federal Constitution and the Universal Declaration of Human Rights.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
