Sosma amendments should prioritise legal access and timely hearings, say experts
Ragunath Kesavan said amendments should prioritise enhanced legal safeguards for detainees, including guaranteed access to legal counsel, the option of bail, and improved trial conditions.
He also urged the government to shorten the extended remand periods currently permitted under Sosma and to ensure that hearings proceed without unnecessary delays.
In addition, he stressed the need to strengthen procedural integrity to prevent abuse and ensure the law aligns more closely with the Criminal Procedure Code.
The government recently announced it would hold engagement sessions with key stakeholders, including the Human Rights Commission of Malaysia (Suhakam), as part of the review process.
Meanwhile, human rights lawyer Andrew Khoo called on the government to disclose its proposed amendments early, along with the rationale and justification for each proposed change.
He also stressed the need for meaningful and substantive stakeholder engagement before the Bill is tabled in Parliament, warning against superficial consultations that amount to little more than a "tick-the-box" exercise.
Ultimately, Khoo believes the law should be repealed in its entirety, citing reported abuses such as denying detainees access to legal counsel and prolonged delays in bringing cases to trial.
On July 29, Home Minister Datuk Seri Saifuddin Nasution Ismail said the ministry planned to amend Sosma following sustained calls from rights groups for its review or repeal.
The ministry intends to present the proposed amendments in Parliament, pending Cabinet approval.
Saifuddin said 73 offences under the law had been identified and reviewed to ensure its implementation was consistent with the Federal Constitution, Malaysia's international obligations, and the principle of due process of law.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Free Malaysia Today
8 hours ago
- Free Malaysia Today
Taiping prison warden denies withholding help for dying inmate
One detainee died following a relocation exercise at Taiping prison on Jan 17, during which more than 100 inmates were allegedly abused by about 60 wardens. (Facebook pic) KUALA LUMPUR : Taiping prison warden Azwan Mohammed insisted today that he did not deny assistance to a visibly ill detainee who later died following an inmate relocation exercise on Jan 17. In CCTV footage shown during a Human Rights Commission of Malaysia (Suhakam) public inquiry, the prisoner was seen collapsing, with another inmate calling out to Azwan for help. Azwan said the prisoner had asked him for water after feeling unwell, having been exposed to pepper spray. He said the prisoner was told he would receive help once the officers had finished transferring the other inmates from Hall B to Block E. 'My priority was the security of the block. It's not like I didn't take any action. Once I was done with everything, I sent him to the main gate for medical assistance,' he said. However, testimony from other inmates present during the incident indicated that Azwan made statements such as, 'I'm not in the mood to deal with you people right now,' and 'Just let him die, it's not that hard for me to file paperwork (on it later).' Azwan denied the credibility of both statements, saying that testimony taken from prisoners could not be trusted. Earlier, prison officer Zairulazy Napiah admitted to using pepper spray during the relocation exercise, despite not knowing the rules or having any training on its proper use. When Shashi Devan, representing the inmate's family, accused Azwan of grievous negligence, Zairulazy said many of the detainees were injured or had been affected by the incident. He said the officers could not prioritise medical treatment for all of them before settling them into Block E, but if he had known that a particular prisoner would die, he 'certainly would have done something'. Misuse of prison equipment The inquiry panel, comprising Suhakam chairman Hishamudin Yunus and commissioner Farah Nini Dusuki, also questioned Azwan's use of equipment such as body armour and batons during the relocation exercise. Azwan, one of four officers equipped with body armour on that day, claimed that the equipment was meant for standby use, in case any 'disturbances' or conflicts broke out in the prison. Questioned about the propriety of being fitted with body armour for a simple relocation exercise, Azwan said they did so after being warned that the prisoners would be uncooperative. The CCTV footage also showed an officer in body armour beating a non-resisting prisoner with a baton. In response, Azwan said: 'I disagree. That wasn't violence. The regulations state that officers are allowed to use batons on prisoners, with minimal force, to restrain them. 'You don't see (the inmate) fighting back physically in the footage, but they were hurling verbal abuse, with insults and threats.' The inquiry into the alleged abuse of more than 100 inmates by about 60 wardens in the Jan 17 incident will resume tomorrow.
The Sun
9 hours ago
- The Sun
AGC vows to defend judiciary integrity against attacks in Malaysia
PUTRAJAYA: The Attorney General Chambers will continue defending the judiciary against unwarranted attacks to preserve the integrity of judicial processes. Attorney General Tan Sri Mohd Dusuki Mokhtar emphasised the AGC's active role in judicial reforms to enhance independence and efficiency. He stated that the relationship between the judiciary and AGC is built on mutual respect and shared responsibility. Mohd Dusuki highlighted the AGC's duty as officers of the court to uphold the rule of law, not merely secure convictions. He made these remarks during a special ceremony honouring newly appointed Chief Justice Datuk Wan Ahmad Farid Wan Salleh. The judiciary operates in a dynamic legal environment shaped by global trends and public expectations, he noted. Mohd Dusuki stressed the need for the judiciary to balance tradition with innovation for effective legal reforms. He underscored the judiciary's role in maintaining checks and balances among government branches. The doctrine of separation of powers prevents excessive authority in any single branch, he added. Mohd Dusuki praised Chief Justice Wan Ahmad Farid's recusal in Najib Razak's QC application as a testament to judicial independence. The AGC remains committed to defending Malaysia's legal system and collaborating with the judiciary. Mohd Dusuki assured efforts to improve judicial procedures without compromising integrity. The legal service stands ready to support the Chief Justice in administering justice with fairness. Malaysian Bar president Datuk Mohamad Ezri Abdul Wahab acknowledged the Chief Justice's pivotal leadership role. He emphasised the need for principled leadership amid political and social challenges to democracy. Mohamad Ezri expressed confidence in the Chief Justice's ability to uphold judicial resilience. The judiciary safeguards the Federal Constitution and citizens' fundamental rights, he concluded. – Bernama
Borneo Post
10 hours ago
- Borneo Post
Madius proposes new national councils for economic coordination
Madius KUALA LUMPUR (Aug 6): Tuaran Member of Parliament Datuk Seri Panglima Wilfred Madius Tangau has urged the Federal Government to promptly fulfil Sabah's constitutional right to 40 per cent of net revenue collected from the state, while also calling for the establishment of three new national councils to strengthen coordination in critical economic sectors. Debating the 13th Malaysia Plan (13MP) in the Dewan Rakyat on Wednesday, Madius stressed that the long-overdue revenue entitlement must be honoured in accordance with Article 112C and the Tenth Schedule of the Federal Constitution. 'Negotiations were already concluded in 1963 during the formation of Malaysia. As the generation entrusted with the legacy of the Malaysia Agreement 1963, we must now implement what was agreed. Why the delay?' he questioned. The UPKO Honorary President emphasised that this was not a new demand, but a constitutional right that remains unfulfilled, further warning that Sabahans must no longer be made to bear the brunt of poverty due to the continued failure to implement what is lawfully theirs. He noted that more than 80 per cent of the nation's RM1.3 trillion debt has been spent in Peninsular Malaysia, while Sabah, which contributes substantially to national revenue, continues to receive a disproportionate share of allocations. 'This disparity hampers Sabah's ability to develop key sectors such as agriculture, fisheries, livestock and basic infrastructure,' he said. 'If Sabah were given back the 40 per cent revenue as stated in the Constitution, we wouldn't have to keep begging for federal funds to build roads, hospitals, or develop our industries,' Madius added. He also cautioned that Malaysia's aspiration to become the world's 30th largest economy would remain a dream if the constitutional rights of Sabah continue to be sidelined. 'If Sabah prospers, Malaysia prospers. But if Sabah's rights continue to be denied, it is not only unjust, it also undermines the very foundation upon which Malaysia was formed. 'What we need is not more negotiations, but the political will to implement what is already enshrined in the Constitution, the highest law of the land,' he said. In the same debate, Madius also called for the immediate establishment of three national bodies – the National Agriculture Council, the National Fisheries Council and the National Livestock Council – to enhance coordination and policy coherence between the federal and state governments. He said the creation of these councils is crucial to align legislation, strategy, budgets and programme implementation, particularly in light of Sabah's autonomy in these sectors as guaranteed by the Federal Constitution and the spirit of the Malaysia Agreement 1963. 'The aim is to close the development gap between regions, especially for Sabah, which has immense potential but remains left behind due to poor policy alignment and lack of federal support,' he stated. Citing examples, Madius said Sabah, despite being the largest fish producer in Malaysia contributing 25 per cent to national output, has only one fish landing facility built using state funds. 'In contrast, there are 42 such facilities in Peninsular Malaysia, five in Sarawak and one in Labuan, all developed by federal agencies such as the Malaysian Fisheries Development Authority (LKIM). Just imagine Sabah's potential if we received the proper budgetary support,' he remarked. In the livestock sector, Sabah has already achieved self-sufficiency in eggs and fresh milk but remains low in ruminant meat production. 'With vast and suitable land resources, Sabah could increase output significantly if strategic support and adequate funding are provided,' he said. Touching on agriculture, he noted that rice production in Sabah continues to lag due to inadequate irrigation systems, outdated drainage infrastructure, and a lack of processing facilities, all contributing to lower productivity compared to the Peninsula. Madius further reminded the Dewan Rakyat that the proposal to establish these three national councils had been included in Pakatan Harapan's 15th General Election manifesto, and urged the government to now honour that commitment. 'This is the right time for the government to act on this promise, to ensure national food security and promote equitable prosperity for all regions,' he said.
