By: Jessica Ties
Impunity Watch Reporter, Asia

KUALA LUMPUR – The Malaysian government has proposed a new law, the Security Offense Bill, to replace the former Internal Security Act but many fear that the new proposal will lead to future human rights abuses.

Creation of the proposal, which was introduced to parliament on April 10, began seven months ago after Prime Minister Najib Razak promised to scrap the Internal Security Act.

Despite the Prime Minister’s claims the deputy Asia director at Human Rights Watch, Phil Robinson, doubts that the proposed law will improve the condition of human rights in Malaysia. He states, “while the new law has improvements, the authorities still hold too much power to detain people on broad grounds, for too long, and without judicial oversight.”

For example, the proposed bill allows an individual to be detained for twenty-eight days without being brought before a judge, the ISA allowed for sixty days, and the individual is not required access to an attorney for forty-eight hours after arrest.

In addition, the proposal prohibits arrests that are based solely on political beliefs or activity but defines activity narrowly allowing the opportunity for law enforcement to arrest based on other peaceful political actions.

Police are given extensive power to search private property and are permitted to use electronic monitoring devices on those released from detention.

This power is especially unsettling given that the Security Offense Act authorizes in court use of any information obtained from communication interception, raids and investigations. As such, there is a presumption that some evidence admitted into trial will have been illegally obtained.

Furthermore, the Security Offenses Bill allows an arrest to be made without a warrant if the police officer has “reason to believe” that the person is involved in a security offense.

Individuals charged with a security offense will be denied bail under a blanket provision included in the proposal and the prosecution will be allowed to keep certain witnesses from the defendant and their attorneys.

Even if the defendant is acquitted, the proposal allows them to be detained until all appeals have been exhausted which can sometimes take years.

Despite the repeal of the fifty-two year old Internal Security Act, Malaysian media has reported that the Prime Minister has no intention of repealing the Sedition Act which has been increasingly used to detain activists and protestors.

The continued existence of the Sedition Act has led some to believe, including Wong Chin of the Coalition for Free and Fair Elections, that  “[the new laws] are far from sufficient, since the Sedition Act is still out there.”

Parliament is expected to approve the proposal as early as next week. If it is approved, it will be sent to the upper house of the legislature before being signed into law by the Malaysia monarch, Sultan Abdul Halim of Kedah.

The Internal Security Act was a relic from British colonial rule era and was designed to combat the Communist threat by allowing political opponents to be detained without a trial.

Between 2000 and 2010 the Internal Security Act was used to detain approximately 4, 500 people.

 

For more information, please see:

Human Rights Watch – Malaysia: Security Bill Threatens Basic Liberties – 10 April 2012

The New York Times – Malaysia Weighs End to Indefinite Detention – 10 April 2012

The Wall Street Journal – Malaysian Activists Still Worry Over Country’s Security Laws – 10 April 2012

The Wall Street Journal  – Malaysia Proposes to Ease  Strict Security Law – 10 April 2012