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M A L AY S I A

New anti-terror law

includes detention
without trial,
electronic
monitoring, says
source
BY MUZLIZA MUSTAFA AND ANISAH SHUKRY
Published: 3 March 2015 7:00 AM

Deputy Home Minister Datuk Seri

Wan Junaidi Tuanku Jaafar says the
new anti-terror act will remove the
powers to authorise the detention of
suspects from the executive and
leave it entirely to an advisory board,
as a safeguard from abuse. The
Malaysian Insider pic, March 3, 2015.

The new anti-terror

act that will be
tabled in Parliament
this month will
include provisions
that allow for
detention without
trial and the
implementation of
the Electronic
Monitoring Device
(EMD), a source
familiar with the
new act said.
The source said the new act
will have features similar to
the Prevention of Crime
(Amendment and
Extension) Act 2013 (Poca),
which allows suspected
criminals to be detained
without trial for up to two
years.

The power to decide

whether or not the person
will be detained or put
under restrictive residence
will be decided by an
advisory board. The
information, intelligence
report and other evidence
will be presented to the
board before it makes its
decision, said the source.

Besides
the board,
no one has
the power
to decide
whether a
suspect can
be
detained,
not even
the police or the home
minister."
Under the Prevention of
Terrorism Act (Pota), any
evidence needs to go
through the Deputy Public
Prosecutor who will act as
the Inquiry Officer, said the
source.
This (the EMD) is an
additional feature to
monitor the movement of

the person detained under

Pota."
He, however, declined to
elaborate further as to how
the EMD will be worn or
placed on the suspect.
Deputy Home Minister
Datuk Dr Wan Junaidi
Tuanku Jaafar confirmed
that an advisory board
would be formed.
Since the preventive
measure exists, definitely
we will have an advisory
board, because we want to
remove such powers (to
detain suspects) from the
executive.
On the introduction of the
EMD, he would not
comment as the act has yet
to be finalised.
The very basic elements
that will be in it are that it is
preventive in measure,
punitive in nature,
rehabilitative and
(provides) counselling.
At this moment, I cannot
confirm anything else as it
has not yet been finalised. I
will know the details once I
see the Bill in Parliament,
said Wan Junaidi.
When asked how the antiterror act would differ from

the existing Poca, Wan

Junaidi said: Poca is on
the prevention of crime, but
terrorism is more
subversive.
Lawyers,meanwhile, told
The Malaysian Insider that
the new anti-terrorism act
was unnecessary given the
wide array of securityrelated legislation already
in place.
We already have laws that
allow the government to
stop people from leaving
the country to join terror
groups. They are just not
using them, lawyer
Andrew Khoo, who heads
the Bar Council Human
Rights Committee, told The
Malaysian Insider.
So why the need for more
laws when you are not even
adequately and
appropriately using the
ones you have?
He said he had attended a
Global Law Summit in
London last week and the
general opinion that arose
was that the rule of law
must prevail even more,
even as the world deals with
the threat from the Islamic
State (Isis).

Any attempt to roll back

on civil liberties, for
example detention without
trial, must be strongly
resisted.
Human rights lawyer
Latheefa Koya said the
government does not need
to introduce a new set of
laws to tackle terrorism in
the country as it already has
The Security Offences
(Special Measures) Act
2012 (Sosma) to deal with
terrorists.
Sosma should be enough.
It was created to tackle
safety and security issues
including terrorism. We
have enough laws to
counter terrorism. All we
need is efficient policing
and intelligence work, said
Latheefa.
She said if it is true that the
new act will be something
similar to (Poca) then it is
just another attempt to
bring back the Internal
Security Act.
This is just lazy work. This
will allow them to scoop
just anybody and in the
end, it will be open to
abuse, she said.

Criminal lawyer Datuk

Baljit Singh said antiterrorism laws typically
allowed for police to
conduct searches without
warrants, intercept
communication and detain
suspects without trial.
When it comes to terrorist
acts, human rights are not
the priority, so such
provisions will likely be
there.
But they should also
protect the basic rights of
the suspects, such as
allowing them to have legal
representation, ensuring
that the remand is not done
on a rubber stamp basis,
and allowing the parties to
make an application to the
court to review their
detention, he said.
Baljit added that the act
should specify the timing of
the interrogation sessions,
to prevent suspects from
being questioned at
inappropriate hours.
Last November, Prime
Minister Datuk Seri Najib
Razak proposed that a new
law against militancy and
terrorism be tabled at the
next Parliament session to

tackle the dangers posed by

Malaysians who return
after fighting alongside Isis.
In tabling the 19-page
White Paper titled
"Towards overcoming the
threat of Islamic State",
Najib said existing antiterrorism and militancy
laws like the Security
Offences (Special
Measures) Act (Sosma),
Prevention of Crime Act
and the Penal Code should
be bolstered. March 3,
2015.

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FNH

22 days ago

Poca is on the prevention of crime, but terrorism

is more subversive. - Wan Junaidi
I agree, Wan Junaidi. Like the two RELA members
who were tasked with guarding your house, then
attempted to rob it (what better case of harapkan
pagar, pagar makan padi), the crime committed
by your lackeys are more overt (Altantuyaa C4),
while the terrorism of corruption committed by
your ilk in power is far more subversive!

Reply Share

AhmadYusofbinAbdulAziz

22 days ago

Yes, all this will be used against the rakyat and

not against the people who deserves .

Reply Share

Sharky Foo

22 days ago

So we are back to days of ISA, detain without

trial. If someone hate you and claim that you are a
terrorist, then you will in the jail for 2 long years.
Since there is no trial and how can you prove that
you are not a terrorist. Guess it's your words
against theirs. Malaysia is going backwards.
1

Reply Share

Jayendran the Cat

22 days ago

That's all well and good and you can add in

hooks for all we care. Our only concern is when
punitive laws get abused for purposes other than
what the laws were originally intended for.
We have seen it in the ISA, EO and Sedition Act
which more often than not have been used and
abused in expediency. And besides, those
archaic "sodomy" laws would have to go too
because in this age of LGBTs and all that, it has
not only become redundant but also impinging on
constitutional and human rights.
1

Reply Share

Hien Ching Lung

22 days ago

I can predict the first detainee will.not be a

terrorist but a dissenting voice against this

government, should this law be passed by
parliament
2

Reply Share

tony chew > Hien Ching Lung

22 days ago

I tend to agree with you.

1
bomohsiam

Reply Share

22 days ago

Another pretext to lock up opposition members.

1

Reply Share

Truth Prevail

22 days ago

The act has to be well define...and not to be used

to persecute the rakyat and politician. This is
close to ISA and trust all parties concern will
study thoroughly before implementing this.
1

Reply Share

Blue insideout

22 days ago

ISIS is an irreligious virus. It dresses up Islamic

outfit to cover its internal vileness. Aptly use the
convenient facility of internet superhighway and
powerful facebook to disseminate its religious
Jihadism. Recruit intelligent youths integrated
with internet empirical knowledge of hacking
ability from all over the world to help expanding
its influence of ISIS ideology of conquering the
world.
Anti-terrorist needs to use lot of workable
electronic appliances in airport checkpoint and
south Thailand/north Malaysia entrance
checkpoint manning with well trained security
personnel to curb them from coming into
Malaysian soil as well as its pharisaical Jihad
dissemination and influence over Muslim youths.
It is serious matter to tackle. Anything could have
happened anytime and anywhere in town or city.
2

Reply Share

Bawang Selamat

23 days ago

Precisely define terrorist. Let's not have another

absurd situation like now where genuine
grievances and complaints and even simple
tweets about the Umno IGP are considered
seditious!
2

Reply Share

BazzPress

23 days ago

Hopefully they wouldn't use this law like they do

the sedition act.
2

Reply Share

Desmond Sky

23 days ago

Just tell Msians how would not the law be

abused.
2

Reply Share

wanom

23 days ago

Whether the government will use the Prevention

of Terrorism Act (Pota) and the Electronic
Monitoring Device (EMD) against the opposition,
it all depends on how it (government) interprets
the word "terrorist". Don't forget that few years
ago some members of Parti Sosialis Malaysia
(PSM) were put behind bars after the government
accused them of being communists.
1

Reply Share

Ckeong

23 days ago

The question is, who are those in the so called

"advisory board" ? and they are elected by whom
? it should at least written in black and white that
the detention only applied to those who involved
in terrorism that involve fire arm and killing of
innocent !
2

Reply Share

bobkids

23 days ago

Any attempt to roll back on civil liberties, for

example detention without trial, must be strongly
resisted.
This is the basic TOOL use by the devils for their
Political advantages instead........!!!
PKR watch out for this further
developments.......Protest if it is against the Civil
Liberties of the Malaysians.........
3

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