Harman Patil (Editor)

Security Offences (Special Measures) Act 2012

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Citation
  
Act 747

Enacted by
  
Dewan Rakyat

Enacted by
  
Dewan Negara

Territorial extent
  
Malaysia

Date passed
  
17 April 2012

Date passed
  
9 May 2012

Security Offences (Special Measures) Act 2012

The Security Offences (Special Measures) Act 2012 (Malay: Akta Kesalahan Keselamatan (Langkah-Langkah Khas) 2012, abbreviated SOSMA) is a controversial law supposedly "to provide for special measures relating to security offences for the purpose of maintaining public order and security and for connected matters". The Act is to replace the 1960 Internal Security Act (Malaysia). The Act was introduced by Malaysian Prime Minister Najib Razak, approved in Parliament on 17 April 2012, given the Royal Assent on 18 June 2012 and Gazetted on 22 June 2012. This act may carry the death penalty to the perpetrators.

Contents

Structure

The Security Offences (Special Measures) Act 2012, in its current form (4 June 2015), consists of 8 Parts containing 32 sections and 2 schedules (including 1 amendment).

  • Part I: Preliminary
  • Part II: Special Powers for Security Offences
  • Part III: Special Procedures Relating to Electronic Monitoring Device
  • Part IV: Special Procedures Relating to Sensitive Information
  • Part V: Trial
  • Part VI: Special Procedures Relating to Protected Witness
  • Part VII: Evidence
  • Part VIII: Miscellaneous
  • Schedules
  • Arrests Under the Act

    Three people, including former ISA detainees Yazid Sufaat, Halimah Hussein and Mohd Hilmi Hasim, were the first ever detained under SOSMA in 2013. They were arrested for alleged incitement of terrorist acts. Following the 2013 Lahad Datu standoff, 104 Filipinos with suspected links to Jamalul Kiram III, one of the claimants to the throne of the Sultanate of Sulu, were detained under SOSMA. These included several family members of Kiram who had entered the state of Sabah using false identities.

    Controversy

    In 2016, SOSMA was used to arrest 15 prominent civil rights activists, including Maria Chin Abdullah, after the Bersih 5 rally, leading to widespread condemnation from various parties, including Lawyers for Liberty director Eric Paulsen, 80 civil society organisations, the Malaysian Human Rights Commission and the US State Department. Several civil rights groups also said the use of Sosma for an organiser of a peaceful rally was abuse of power and that the Malaysian government was trying to suppress dissent by using draconian laws.

    In 2016, 80 prominent civil rights group collectively called for the abolishment of SOSMA, calling it a "draconian" law.

    References

    Security Offences (Special Measures) Act 2012 Wikipedia