Twentytwo13

Sosma needed, but only to counter terrorism and must be reviewed, says criminologist

A professional and well-equipped police force does not need 28 days to detain a suspect to conduct and wrap up criminal investigations.

The police should have done its due diligence – intelligence work and evidence-gathering – before arresting anyone, said criminologist Associate Professor (Honorary) Datuk Dr P. Sundramoorthy.

Sundramoorthy criticised Home Minister Datuk Seri Saifuddin Nasution Ismail for saying that the Security Offences (Special Measures) Act 2012 (Sosma), would remain as it is.

Subsection 4(5) of Sosma enables police to detain a person suspected of being involved in terrorist activities for a period not exceeding 28 days, for investigations.

However, many activists, including former Batu Kawan MP, Kasthuriraani Patto, warned that authorities could use Sosma to investigate anyone.

“I am surprised that someone from Pakatan Harapan (Saifuddin) is against a review of Sosma, as the coalition has always been against the draconian nature of the act,” said Sundramoorthy, an honorary associate professor (criminology) at the School of Social Sciences, Universiti Sains Malaysia.

“I am not against Sosma. We still need it, but only to act against terrorists and terrorist or extremist groups that threaten the country’s security.

“Authorities may need more time to investigate them, as they operate covertly and work in the shadows. Sosma should not be used against organised crimes, as we have adequate laws.”

For the record, Sosma provides special measures to maintain public order and security.

It was created under Article 149 of the Federal Constitution to deal with internal security issues, including public order, acts of terrorism, sabotage, and espionage.

“I am sure the police would not simply arrest anyone without doing their homework. If it was for terrorism, then by all means, detain them for 28 days to tie up loose ends in their investigations,” said Sundramoorthy.

“However, a professional police force with highly educated and professionally trained officers does not need 28 days to wrap up a criminal investigation.

“If they arrest someone, it would mean that they have done the necessary groundwork,” he added.

Sundramoorthy said that instead of Sosma, the police could use two existing laws – the Criminal Procedures Code, or the Penal Code – to extend a suspect’s remand order for up to 14 days.

He said that was also too long a period, as no other democratic country allowed that length of time for a suspect to be remanded in a criminal case.

“We should not deny people their rights and liberties. Those nabbed under Sosma are not allowed bail.

“The Home Ministry should look into removing Section 13(1) of the law to allow the courts to decide whether or not to grant bail,” said Sundramoorthy.

He added that Sosma is a procedure for detention purposes to facilitate an investigation.

Damansara MP Gobind Singh Deo, earlier today, said that Saifuddin’s stand is at odds with the position taken by Pakatan Harapan that acknowledged that Sosma was problematic.

“Whilst we accept that there is a need for laws to deal with the security of the nation, we cannot deny that Sosma is oppressive in nature,” said Gobind in a Facebook posting.

“In October 2019, Prime Minister Datuk Seri Anwar Ibrahim was 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 permits a person to be detained for up to 28 days and allows detention without access to the court.

He said that there was no check and balance on the powers of the investigating authorities during this period.

“It allows for abuse, not only in terms of wrongful arrests but also during the course of the investigations. This cannot be allowed,” he added.

Gobind elaborated on other issues that needed to be reviewed and called on Saifuddin to “review and make the necessary changes to Sosma”.