SOSMA helps police carry out detailed investigations - Lawmakers

KUALA LUMPUR: Justice for the victims is among the matters taken into account in the motion to extend the enforcement of Subsection 4(5) of the Security Offences (Special Measures) Act (SOSMA) 2012 (Act 747).

Datuk Seri Mohamed Nazri Abdul Aziz (BN-Padang Rengas) said police should be given a 'tool', to carry out their investigations in order to give justice to the victims.

"SOSMA is the tool for the police to carry out their investigations, not to trouble anyone or to abuse their power, no. Our intention is good, just to give the tool to the police to investigate," he said when debating the motion at the Dewan Rakyat today.

The subsection, among others, stated that a police officer with the rank of a Superintendant or higher, can extend the detention period of a person for up to 28 days for the purpose of investigation.

Also debating the motion today was Tan Sri Muhyiddin Yassin (Bersatu-Pagoh) who opined that the detention of a person for up to 28 days would enable the police to carry out a detailed investigation and gather all evidence before bringing the detainee to court.

He said this was because the offences under SOSMA were not just regular crimes, but related to terrorist activities and actions that could threaten public order and national security.

"The classic example is the intrusion of foreign terrorists in Lahad Datu in 2013, which saw more than 100 people were charged under SOSMA," he said.

The motion which received protests from the opposition bloc was also debated by Ramkarpal Singh (PH-Bukit Gelugor) who raised concerns that if the motion is passed, it could lead to abuse of power, especially when the detainee is under a remand order.

"It is during that time that we see many complaints of false confessions being extracted and even of assaults to obtain confessions. So this remand period is very crucial.

"In the case of SOSMA, the remand period is to be allowed up to 28 days. Imagine what can happen during that time, and how it can be abused. We have to balance it with the rights, not just of the victims, but also the rights of the accused who should be presumed innocent until proven guilty," he said.

Meanwhile, Syed Ibrahim Syed Noh (PH-Ledang) raised the issue of justice for the person who was detained under SOSMA, only to be found innocent later.

"What will safeguard the rights of the accused in this situation...when they were found innocent after being detained for so long?

"Can't the authorities complete the investigations anytime earlier?" he chided.

A total of 18 lawmakers participated in the debate on the motion.

-- BERNAMA