Sosma reform: Suhakam seeks bail rights, shorter detention, and transparency
The commission is also asking the government to release draft amendments before they are tabled in Parliament.
Secretary-general Altaf Deviyati said the commission's longstanding concerns include extended detention without judicial oversight, restricted access to bail, limited access to legal counsel during initial detention, and broad discretionary powers granted to enforcement agencies.
"We believe these provisions not only challenge Malaysia's international obligations but are also inconsistent with the Federal Constitution," she told the New Straits Times.
Among Suhakam's proposals is the reinstatement of judicial discretion in granting bail, particularly for non-violent and non-terrorism-related offences.
The commission also calls for the maximum initial detention period to be shortened from the current 28 days, which it views as excessive.
Altaf said access to legal counsel must be guaranteed from the point of arrest, and that the right to a prompt and public hearing should be assured.
"Currently, detainees are waiting far too long just to get their first hearing," she added.
Finally, Suhakam recommends narrowing Sosma's application to truly exceptional and well-defined national security threats.
"Ordinary criminal offences should be addressed under existing laws," Altaf said.
Its secretary-general said that Suhakam has been participating in engagement sessions through the Parliamentary Special Select Committee since November last year.
"Public consultation is essential in any democratic law-making process," Altaf said, adding that transparency will ensure a more balanced approach between national security and fundamental liberties.
Altaf said that the commission acknowledges Malaysia's security needs but maintains that amendments must address ongoing and potential human rights violations.
Beyond legislative changes, Suhakam also advocates for systemic reforms to prevent abuse under Sosma and similar laws.
These include strengthening internal and external oversight, creating an independent complaints mechanism, and improving judicial training and awareness of human rights standards.
"We also need greater transparency in how laws like Sosma are enforced, including the regular publication of arrest data," Altaf said.
She added that Malaysia should ratify international human rights treaties such as the United Nations Convention Against Torture (UNCAT) and the International Covenant on Civil and Political Rights (ICCPR) to reinforce protections against arbitrary detention and mistreatment.
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