DATA VISUALISATION
Get more insights behind the numbers related to detention without trial, the Security Offences (Special Measures) Act 2012 or SOSMA.
2020 RECORDED THE HIGHEST NUMBER OF DETENTION UNDER SOSMA
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A total of 2,032 individuals who went through detention without trial under SOSMA were recorded by SUARAM for the past eight years, from 2013 until 2021. These numbers were gathered by SUARAM through documentation, media monitoring and press statements from Royal Malaysian Police (RMP).
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The Security Offences (Special Measures) Act 2012, or SOSMA, was enacted under Article 149 of the Federal Constitution to regulate the procedures pertaining to the detention of an individual in cases involving offences against the state, terrorism, organised crime as well as human trafficking. The purpose of the act is to maintain public order and national security. The act is intended to replace the Internal Security Act 1960 (ISA).
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However, due to its injustice and inhumane procedures, the act has remained controversial to this day. A police officer, for example, can detain someone for up to 28 days without a warrant. This is in violation of the Federal Constitution's declaration of human rights.
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SOSMA was introduced to address terrorism and security threats, however, it is claimed to be abused. In November 2016, Maria Chin was detained under SOSMA for attempting to commit an act that was destructive to parliamentary democracy, which is the Bersih 5.0 demonstration.
The arrest of the former Bersih 2.0 chairwoman has aroused public outrage. Thence, United Nation's experts have urged Malaysia to cease from using national security legislation to target human rights activists. Based on the said legislation, no person shall be detained merely because of his or her political beliefs or activities.
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According to statistics, the number of detentions under SOSMA increased dramatically in 2020, with a total of 828 detentions. From the total number, 629 people were detained for human trafficking or illegal immigration.
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Between January to September 2021, SUARAM recorded 128 people detained under SOSMA, with the majority of the cases involving organised crime.
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The total number of detentions under SOSMA is alarming, and many people have called for it to be repealed. According to the Minister of Home Affairs, Datuk Seri Hamzah Zainudin, SOSMA will be reviewed this year; although the review has been in the news for years.
BEHIND THE NUMBERS, SOSMA WAS MAINLY UTILISED FOR TRAFFICKING OFFENCES
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As reported by The Sun Daily, human traffickers who are accountable for the influx of illegal immigrants into the country shall be detained under the Security Offences (Special Measures) Act 2012 (SOSMA).
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Since the implementation of the Movement Control Order (MCO) on March 18, 2020, police have stepped up operations against human trafficking under the Ops Benteng COVID-19, as an effort to prevent illegal immigrants from entering the country while combating the spread of COVID-19 at the same time.
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Therefore, 2020 recorded the highest number of detentions without trial under SOSMA, with 629 cases involving human trafficking, organised crime with 184 cases and only 13 involving terrorism.
In 2021, there were a total of 100 cases of organised crime followed by 26 cases for trafficking and one report for terrorism case charged under SOSMA. One of the prominent cases last year was the arrest of 19 members of Gang Sakai.
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Meanwhile in 2017, 242 detentions without trial were due to organised crime, 21 for human trafficking and 82 for terrorism act. Geng Pak Su and Gang 360 Devan are among the gangs that were arrested under SOSMA for participating in organised crimes that year. All of them were detained at Sungai Buloh Prison.
According to the statistics from 2016 to 2021, a total of 356 were detained under SOSMA owing to terrorism. With 761 cases, human trafficking and illegal immigration dominated, followed by organised crime with 548 cases. This data proven that SOSMA was mostly used for other offences rather than terrorism.
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Senior criminal lawyer, Datuk Baljit Singh Sidhu stated that SOSMA should not be utilised against other offences besides terrorism. This is due to the fact that we have existing laws such as the Penal Code that provide provisions for charging criminals involved in organised crime with major offences such as murder and armed robbery.
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He claimed that SOSMA has been abused in numerous cases merely because the procedures offer the police an advantage in getting criminals while denying their rights for fair trials.
THE MAJORITY OF DETAINEES WERE SENTENCED TO 6 - 10 YEARS IMPRISONMENT
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According to data provided by Mahathir Abdul Rahman, chairman of Desak Sampai Mansuh (DSM), the majority of detainees were sentenced to 6 to 10 years in prison, with a total of 28 detainees.
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It should be emphasised that the data recorded by Desak Sampai Mansuh does not represent the real number of detainees under SOSMA as the data is limited to Malay Muslim detainees only.
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To date, 34 detainees are still serving their prison sentences, including Mustaza Abdul Rahman, the brother of DSM’s chairman, who is expected to be released in 2023.
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