GOVERNMENT TABLES NEW SECURITY LAW

By : CLARA CHOOI

A NEW law to replace the Internal Security Act (ISA) was tabled in the Dewan Rakyat today, removing the government’s option to detain without trial and providing a maximum detention of 28 days for the purpose of investigation.

Under the ISA, an individual believed to have committed a security offence can be detained for up to two years without trial, on orders from the home minister.

The Security Offences (Special Measures) Bill, tabled for first reading by Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Aziz (picture), states in section 12 that “all security offences shall be tried by the High Court”.

The Bill seeks to provide for 'special measures' relating to security offences for the purpose of maintaining public order and security and for connected matters.

These include action “threatened by a substantial body of persons both inside and outside Malaysia” to cause a substantial number of citizens to fear, organised violence against persons or property; to excite disaffection against the Yang di-Pertuan; which is prejudicial to public order in, or the security of, the Federation; or to procure the alteration, otherwise than by lawful means, of anything by law established.

The new law also notably states that no individual can be arrested solely for his political belief or any political activity, as promised by Prime Minister Datuk Seri Najib Razak last year when announcing a raft of reforms towards increasing civil liberties.

The law defines "political belief of political activity" as engaging in a lawful activity through:

A) The expression of an opinion or the pursuit of a course of action made according to the tenets of a registered political party:

B) The expression of an opinion directed towards any government in the federation; or

C) The pursuit of a course of action directed towards any government in the federation.

The Bill, said to be the first of two laws to replace the half-a-century-old ISA, however, still allows a police officer to arrest and detain “any person whom he has reason to believe to be involved in security offences” without warrant for 24 hours for the purpose of investigation.

Section 4(5) of the Bill also states that a police officer above the rank of superintendent can extend the period of detention for a period of “not more than 28 days”, also for investigation.

This, however, according to Section 4(11) shall be reviewed every five years and shall cease to have effect unless, upon the review, a resolution is passed by both Dewan Rakyat and Dewan Negara to extend the period of operation of the provision.

But those deemed unnecessary to be kept further under detention past the initial 24 hours may be released but an “electronic monitoring device” may be attached on the person for up to 28 days.

This, however, said the Bill, must be by application to the court by a public prosecutor.

Unlike the ISA, the proposed law expressly provides for the notification of an accused's next-of-kin and consultation with a lawyer when the arrest is made.

The Bill also grants powers to the public prosecutor to authorise a police officer to intercept any message or communication meant for the accused if the former considers that it is likely to contain any information relating to the commission of the security offence.

This includes the interception or detention of any article transmitted via post, any message received by any mode of communication and any conversation.

The public prosecutor is also allowed to require a communications service provider to intercept and retain a specific communication or authorise a police officer to enter any premises and install devices to intercept and tap into "specified communications or communications of a specified description".

Section 6(3), however, allows a police officer not below the rank of Superintendent to do the same without the authorisation of the public prosecutor in urgent and sudden cases where immediate action.

Part V of the Bill, which governs the trial of security offences, stipulates that bail "shall not be granted to a person who has been charged with a security offence".

However, Section 13(2) states that a person aged below 18 years, women and a sick person can be granted bail unless the offence committed is one against the Agong, state Rulers and governors, as listed in Chapter IV of the Penal Code.

The Bill adds that those under trial for an offence, once acquitted, upon application by the public prosecutor, can be remanded in prison pending a notice of appeal against the court's decision.

In effect, this means the accused will be kept imprisoned until all appeal avenues are exhausted.(TMI)