Nationwide rallies to protest amendments to criminal, security laws, say activists

The Malaysian Insider
BY LOOI SUE-CHERN

Civil society groups and political parties will hold nationwide rallies to protest and raise awareness about amendments to the Penal Code and the Security Offences (Special Measures) Act 2012 (Sosma), which activists say are draconian and repressive.

The amendments to Sosma, which were passed in Parliament last month, have taken powers from the courts while bringing back preventive detention, activists told a forum in Penang last night.

Bar Council president Christopher Leong (pic, right) said the amendments of the Prevention of Crime Act (PCA) brought back provisions for detention without trial and questioned if it was even necessary if the Ops Cantas Khas operations by the police had brought down serious crime.

"We will have roadshows nationwide to tell the people why the Bar Council is against the amendments, especially the provision for detention without trial.

"Previously, the campaigns were going on for over 30 years before the Internal Security Act (ISA) was repealed but unfortunately, they now have to start afresh. They have to go on as we have seen the abuses many times," Leong said at the "Return of Preventive Detention?" forum organised by reform movement Aliran in Penang.

He said the ISA was meant to be used to fight communists but the law had also been used to detain political enemies.

"We thought it was finally over, that was it. We thought we could close the chapter, that our campaign was done and dusted,” Leong said, adding that the campaign had to start afresh with the changes to the PCA made on October 2 by Parliament.

Citing reports on Attorney General Tan Sri Abdul Gani Patail's objections against the provision for detention without trial, Leong questioned why Putrajaya did not take the advice of its own chief legal adviser and also presented examples for crime fighting that did not involve reviving the provisions that were previously repealed in the Internal Security Act (ISA) 1960.

He said to tackle crime, the British and Australian governments increased the capacity and ability of policing while the United States used the Racketeer Influenced and Corrupt Organisations (Rico) Act to freeze the assets of suspected organised crime groups during investigations.

In Hong Kong, when the authorities were fighting underworld gangs, the Independent Commission Against Corruption (ICAC) was formed to combat corruption in the police force, he said.

Sepang MP and PAS legal adviser Mohamed Hanipa Maidin said the amendments to the Penal Code had introduced many new minimum sentences that prevented judges and magistrates from using their discretion when passing judgment.

He said that in setting a minimum sentence for an offence, it was as if it had been presumed that every single person who allegedly committed the crime had the same motive.

"When a person commits a crime, it could be due to poverty, coercion or other motivation. With a minimum sentence, the court cannot interfere but to mete out the punishment that has been set," he said.

While having minimum sentences was not wrong, especially when they are for serious crimes like rape, Hanipa said they also made plea bargain meaningless.

An accused who already knows his or her punishment would rather risk a trial and hope to get away due to technicalities than own up and plead guilty, he said.

Hanipa also said the amendments on Sosma were "draconian" and those who saw them would be in "disbelief".

"There is no bail allowed for offences tried under Sosma. It is as if the accused is presumed guilty until proven otherwise.

"Even if the accused is found innocent by the court, the prosecution can still apply for a remand and the court has no power to dismiss the application.

"The prosecution is able to dictate to the court to remand the person again, and this is being done before an appeal against the decision is filed," he said.

Hanipa also said that even after the Court of Appeal affirmed the decision of the trial court, the accused could still be remanded.

Objecting to the amendments, he said it would be better for the court to mistakenly release 10 guilty people than to wrongfully jail one innocent person.

"The problem with the Barisan Nasional government is it is so intoxicated with power. Absolute power corrupts and absolute power is also absolutely delightful," he said, adding that the coalition had always used its two-thirds or simple majority in Parliament to exercise power.

Sosma has provisions for two categories of security offences, which are offences against the state and offences relating to terrorism. Both categories are already in Chapter VI of the Penal Code.

Legislating the same offences under Sosma would enable those accused of committing such crimes to be prosecuted and tried in a more "oppressive manner" compared to a prosecution and trial under the Penal Code.

Hanipa called for a big rally to be organised to protest against the new Section 203A of the Penal Code which prohibits civil servants from revealing any information “which has been obtained by him in the performance of his duties or the exercise of his functions under any written law”.

The penalty for the offence is a fine of not more than RM1 million or up to one year in jail, or both.

"This is criminalising something that is not a crime in the first place. Let's say an MP submits questions in Parliament and gets written replies. Then, the details are shared to the public.

Will those involved get arrested?" he asked.

Aliran exco member Dr Prema Devaraj said civil society groups must continue to engage the government to fight the amendments, apart from organising awareness campaigns and protests.

She said civil society groups had done it for years to get the ISA repealed, and they would do it again. - November 13, 2013.