Special committee says major reforms needed to Sosma detention powers

KUALA LUMPUR: A Parliamentary Special Select Committee (PSSC) has recommended a review of the 28-day detention period and the definitions of security offences, terrorism-related crimes and organised crime under the controversial Security Offences (Special Measures) Act 2012 (Act 747).

The committee made eight recommendations in its Human Rights, Election and Institutional Reforms report proposing amendments to Act 747, also known as Sosma.

In his briefing to the Dewan Rakyat on Wednesday (Dec 3), committee chairman William Leong said the Act was intended to serve as a procedural law to address offences related to national security, organised crime and serious threats to public interest and national sovereignty.

“However, since its implementation, this Act has raised serious questions concerning fairness, transparency and the protection of human rights, including detention for up to 28 days without judicial review, denial of bail and limited access to legal counsel,” he said.

“The Act’s impact is not confined to the individuals detained, but extends to broader dimensions such as psychological pressure on families, social instability, risks of abuse of power and perceptions affecting the integrity of the judicial system,” he added.

Leong said the interpretation of “security offences” under Section 3 was overly broad and unclear, potentially allowing for abuse of power.

He cited the detentions of Maria Chin Abdullah in 2016, and Lim Kian Aik and R. Nathan in 2020 as examples of cases where the Act’s application did not meet the threshold of national security threats.

Section 4(5), which permits detention for up to 28 days without judicial review, also poses significant risks to human rights, he said.

“The absence of court oversight restricts access to legal representation, creates opportunities for abuse, and places considerable emotional strain on the families of detainees,” he added.

Under Subsection 4(5) of Sosma, a police officer of superintendent rank or higher may extend a person’s detention for up to 28 days for investigation purposes.

Leong also noted that although the law allows for the use of electronic monitoring devices (EMD), they have yet to be utilised.

For the report, the PSSC engaged Suara Rakyat Malaysia (Suaram), the Human Rights Commission of Malaysia (Suhakam) and the Home Ministry.

He said Suhakam had proposed that detention should not exceed seven days, with only the court empowered to grant any extension beyond that period.

Leong said the Home Ministry had, during the engagement, provided a detailed explanation of the arrest and detention process under Sections 4 and 5, including procedures for the first 24 hours, the 48-hour delay in access to legal counsel, investigation methods, the use of protected witnesses, and the timeline for preparing investigation papers.

The ministry, he said, also clarified that EMD could be used as an alternative to full detention, subject to the Public Prosecutor’s decision and approval by the Sessions Court.

“Additional explanations were also given on case justifications, elements of organised crime, intelligence processes, the need for complex investigations, and the differences between Act 747 and preventive laws such as the Prevention of Crime Act 1959 (Poca) and the Prevention of Terrorism Act 2015 (Pota),” he said.

The PSSC further recommended that the Home Ministry set a shorter timeline for implementing amendments to Act 747 to ensure that legal reforms are transparent and properly phased.

“The government should restore judicial discretion in matters of remand, bail and trial to maintain a balance between national security and individual rights. The decision to use EMD should rest with the courts to ensure fairness,” he said.

The committee also urged the Home Ministry to safeguard the welfare of detainees by ensuring access to adequate food and proper medical treatment, as well as mental health support for their families.