Proham
recognises the threat of terrorism is a real challenge which requires a range
of interventions in addressing both root causes, as well as effective
prevention and intervention strategies by both authorities and Malaysian
society as a whole.
Proham
reviewed the six bills before Parliament especially the Prevention of Terrorism
Bill 2015 (POTA) and makes the following five conclusions:-
First, Proham expresses
great concern that the new proposed bill POTA does not provide for judicial
discretion or judicial review. This is a blatant violation of human rights and
lacks the most basic principle of justice. Proham is of the opinion that
section 4 merely creates an illusion of judicial oversight when in actuality
there is none.
Second, on the issue of
judicial discretion when the suspect is brought before a Magistrate for 21 days
and subsequently before a sessions court judge for 38 days the judges are not
given any information or material or substantiated grounds for the detention.
Only a written statement is provided. There is no opportunity for the judge to
examine or test the contents of the written statement. This limits the role of
the judge to a mere rubber stamp. Nor does the judge have a right to reduce the
length of the remand.
Third, on the issue of judicial
review there is none as indicated in section 19 (1) of POTA. The decisions of
the Prevention of Terrorism Board is above judicial review and this denial is a
travesty of justice. This provision is unacceptable and open to abuse.
Fourth, the basic right
for legal counsel of your choice which is another basic human right is denied
in POTA
Fifth, POTA brings back
long term “detention without trial” for a two year period by the Prevention of
Terrorism Board and which can be renewed. This provision is totally
unacceptable as this is a violation of basic human rights.
Proham is of the opinion
that there are sufficient laws for the Police and enforcement agencies
especially with the earlier amended provisions of the Penal Code Chapter VI A
which relates to offences relating to terrorism. These provisions already
address the issues pertaining to recruitment for terrorism and training. In
addition Penal Code 130B (2) already provides for terrorist acts “within or
beyond Malaysia” and Penal Code 130J already provides for “entering or
remaining in any country … with a terrorist group”
Proham also notes that
the provisions in the Security Offences (Special Measures Act 2012 (SOSMA)
already provides for detention up to 28 days for investigation. This provision
enables the Police adequate powers to arrest and prevent the occurrence of any
terrorist act prior to the incident. In SOSMA there are already provisions for
electronic monitoring device.
Proham proposes that the
Government addresses the root causes of why young people are being radicalised
and recruited. There is a need to formulate intervention strategies in
combating terrorism in winning hearts and minds especially within an
ideological debate in line with community policing. This requires working with
religious and community leaders and in providing the space for young people to
discuss the many issues pertaining.
In addition Proham calls
on the Government to invest in the capabilities and competencies of Police
officers in evidence based investigation.
Proham therefore calls on
the Malaysia Government to withdraw all the proposed anti-terror bills as these
measures will not adequately address the issues pertaining to terrorism and
does not enhance a human rights approach to fighting terrorism in modern
Malaysia.
Issued on behalf of
Proham by Datuk Kuthubul Zaman (Chairman), Muhammad Sha'ani Abdullah (Asst
Secretary), Ms Ivy Josiah (Exco) & Datuk Dr Denison Jayasooria (Secretary
General).
April 4, 2015
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