New security bill risks entrenching arbitrary detention and abuse

MALAYSIA:

New security bill risks entrenching arbitrary detention and abuse

Geneva, 17 April 2012. The World Organisation Against Torture (OMCT) urges the Malaysian authorities to withdraw the new Security Offences (Special Measures) Bill 2012 falling short of international standards.

In September 2011, Prime Minister Najib Razak had announced in a widely regarded speech his governments’ intention to revoke the ISA, a colonial style security legislation used to detain persons without trial or charge, and to introduce a new legislation to safeguard peace and order. While OMCT had positively welcomed the announcement to revoke the ISA, it had also expressed its concerns over the replacement of the law by a new security bill providing equivalent powers.

“This new law will only serve to entrench arbitrary detention. Even worse, in our experience with similar provisions around the world it risks to open the door to torture and cruel, inhuman or degrading treatment or punishment” said Gerald Staberock.

The new proposed bill allows for detention for a period of 28 days without charge or any judicial scrutiny, on the mere basis that the police “has reason to believe” that a person may be involved in security offences. The bill further allows delays of 48 hours before the suspect has access to a lawyer and gives power to the public prosecutor and the police to intercept communications of suspect without judicial authorization. After release, the police can also unilaterally impose electronic monitoring devices on individuals, a serious violation of personal liberty.

“After decades of arbitrary detention under the Internal Security Act, measures should seek to strengthen the accountability of the security services, by ensuring effective judicial oversight, and should seek to strengthen the capacities of the criminal justice system to try terrorist suspects before independent courts comporting fully to the right to a fair trial”, said Gerald Staberock.

OMCT calls anew on the Malaysian authorities to follow through on its commitment to revoke ISA and all emergency legislation. It should further withdraw this new Security bill which falls short of international standards and instead rely on existing legislations such as the Criminal Code and Criminal Procedure Code to bring terrorist suspects to justice.

OMCT also calls on the government to immediately release all remaining individuals detained under the ISA and other detention-without-trial laws in the absence of valid legal charges and judicial process consistent with international legal standards. If such charges exist, the authorities should bring them before an impartial and competent tribunal and guarantee their procedural rights at all times.

Finally, OMCT also calls on the government of Malaysia to take the necessary steps to sign and ratify without delay, and thereafter effectively implement the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as well as the Optional Protocol to this Convention.

Contacts:

Alexandra Kossin, Tel. +41 22 809 49 39