The Malaysian Insider
The
Government's bid to bring back detention without trial and toughen a
range of other laws has triggered a backlash from civil society groups
who call the move politically-motivated and a major step back for human
rights.
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Minister Datuk Seri Ahmad Zahid Hamidi was due to debate the proposed
changes in parliament, justifying them as necessary to battle a rise in
violent crime, as the government tries to push through the controversial
bills this week.
The
proposed amendments appear to mark a reversal of Prime Minister Datuk
Seri Najib Razak's steps in recent years to repeal draconian security
laws, such as the Internal Security Act (ISA), that were sometimes used
to jail government critics and political rivals.
They
come weeks ahead of a ruling party assembly where Najib faces pressure
to make concessions to hardliners, following a weak election result in
May that cut the ruling coalition's majority, undermining the prime
minister's moderate agenda.
"After
the election they are showing their real colours," said Nalini
Elumalai, executive director of human rights group Suaram, adding, "It's
not because they want to curb crime. They want to stop the civil
society movements, that's the real motive."
The tougher laws come as Umno struggles to retain its traditional grip in the face of growing demand for more freedoms.
Najib
attempted to rebrand Umno after a dismal election showing in 2008,
liberalising security laws and pledging to phase out privileges for the
Malays.
But
he is widely seen as having been pegged back by Umno traditionalists,
particularly after May's election, in which the minority Chinese and
most urban voters rejected the ruling coalition.
"Wide open to abuse"
The
changes to the 1959 Prevention of Crime Act provide for a board made up
of three members and headed by a judge to issue detention orders for up
to two years that can later be renewed.
The
suspect has no right to legal representation, according to a copy of
the Bill seen by Reuters, and lawyers said there would be limited scope
to appeal against decisions.
In
addition, the government is proposing amendments to the country's penal
code, mandating prison terms of five to 15 years for promoting a false
national flag and up to three years for "vandalism", which includes the
display of banners or placards without proper permission.
Judges' powers of discretion in sentencing are curtailed in favour of minimum mandatory sentences.
The
new laws could be so broadly interpreted that they were "wide open to
abuse", said Andrew Khoo (pic, left), co-chairman of the Malaysian Bar
Council's Human Rights Committee. The Bar has said the changes are
"repugnant to the rule of law".
Khoo
told Reuters, "I think the average citizen, rather than feeling safer
as a result of these amendments, could actually feel much less safe."
Najib
has denied the amendments mark a return to the days of the ISA, saying
the increased powers were squarely aimed at tackling crime and would not
be abused.
"If
the police were to arrest anyone, they have to convince the judge that
the particular individual should be detained," Najib was quoted as
saying by state-run Bernama news agency as he ended a week-long visit to
the United States.
"And we will make sure that no one will be victimised."
Ahead
of the May election, government officials had denied crime had risen,
despite public concern over a perceived increase in robberies and
murders. It has since said that violent crime has spiked, although
overall crime rates are down.
"It's
become a law-and-order regime that I can see very easily sliding over
into cases of going after people who are politically active," said Phil
Robertson, deputy Asia director at Human Rights Watch in Bangkok.
"The
liberal honeymoon period of Najib is over and now he's basically thrown
in with the conservatives." - Reuters, September 30, 2013.
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