PETALING JAYA: The Security Offences (Special Measures) Act 2012 (Sosma) must be repealed immediately as it is cruel and unfair to both detainees and their families, says Lawyers for Liberty director Zaid Malek.
This comes in the wake of an ongoing hunger strike by family members of Sosma detainees, a number of whom said their family members had been detained for years, opposite the Sungai Buloh prison since Monday (July 31).
“Under Section 13 of Sosma, bail ‘shall not be granted’ for a person charged with a security offence under Sosma. This means that accused persons are condemned to languish in prison for years whilst awaiting trial, despite not being convicted.
“This is a blatant negation of the sacrosanct principle of our justice system, that all persons are innocent until proven guilty. In the event of their acquittal, these lost years and the material and psychological damage done to the detainees and their families cannot be remedied.
“To make things worse for the prisoners and their families, Section 30 of Sosma also allows the further detention of the detainees even if they are acquitted should the prosecution appeal the acquittal. This would mean many more years in prison before release, even if they are acquitted.
“This is a Kafkasque nightmare, in direct violation of the fundamental right to life and liberty under Article 5 of the Federal Constitution,” Zaid said in a statement on Wednesday (Aug 2).
He added that the crimes subject to Sosma’s application were no different from other crimes and should be subjected to the normal procedure of trials and evidential rule under the Criminal Procedure Code and Evidence Act.
“The government must honour their promise of repealing Sosma and allow for the application of normal criminal procedure for all Sosma detainees so as to cease the detainees’ families hunger strike before they suffer serious health consequences,” he added.
Back in 2018, Datuk Seri Anwar Ibrahim had promised that the then Tun Dr Mahathir Mohamad-led Pakatan Harapan government at the time would repeal Sosma, relating that he understood the suffering of the detainees during his own time in prison.
