Understanding SOSMA, Filling the Lacuna
Dr Ahmad El-Muhammady works closely with the Special Branch’s Counter-Terrorism Division, Royal Malaysia Police and Prison Department to implement the Rehabilitation and Deradicalisation programs for individuals detained under terrorism laws in Malaysia.
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He is also a member of the Deradicalisation Panel and Expert appointed by the Ministry of Home Affairs for cases investigated under the Security Offences (Special Measures) Act 2012 (SOSMA) and Prevention of Terrorism Act 2015 (POTA).
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This is Dr Ahmad story on sharing the basic understanding of the terrorism act and views of the draconian law as told to the team.
Source: Unsplash
Terrorist Criteria
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An act of terrorism that would consider someone as a threat within the Malaysian context is set by a number of criteria.
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The first criteria are the legal definition of terrorism that is ascribed within various acts in the Malaysian Constitution. The existing anti-terrorism acts including SOSMA, Section 130 of Penal Code and Prevention of Terrorism Act 2015 are used to define acts of terrorism.
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These definitions include actions, beliefs, expressions and affiliations with organisations that are recognised as terrorist groups by the Ministry of Home Affairs. Within this legal framework, the judiciary will decide based on evidence, through intelligence gathering and careful inspection, whether a person is affiliated with acts of terrorism or not.
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The second criteria are religious beliefs and contradiction or deviation from the teachings of Islam. Terrorist organisations such as ISIS and Jemaah Islamiyah subscribe to the belief that anyone that is against them is enemies that can be killed.
The common elements of the religious terrorist groups include delegitimising the current government and justifying any acts of violence to achieve their goals.
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The third criterion that is used to determine whether someone is a threat to national security or associated with terror groups in Malaysia is universal values. This refers to the UN Resolution and the Universal Declaration of Human Rights.
Guidelines from the international community provide information for our security agencies on whether to build a case against someone and charge them with anti-terrorism acts.
Instructions:
Click play button to listen to the audio.
Source: The Malaysian Insight
Realisation and Awareness​
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Dr Ahmad believes that some detainees of SOSMA were involved with acts of terrorism without them realizing it. Due to the nature of the law, it does not differentiate minimal possession of terrorist materials or major ideological beliefs that are associated with terrorism.
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This creates the perception of wrongful accusation or conviction due to the severe punishment that must be served.
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In some cases, due to a lack of legal awareness of the public, someone might not be aware that what they have done or associated themselves with is self-incriminating and punishable under terrorism acts. For people who are poor and could not afford legal counsel, this leaves them vulnerable to legal exploitation and further victimises them and their families.
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The perception of SOSMA as a draconian law stem from the fact it is drafted to be non-bailable cases. The lengthy legal process takes years to complete and the detainees are denied bail. Dr Ahmad believes there are loopholes within the law that must be addressed and amended to prevent more problems in the years to come.
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He expressed that SOSMA is not relevant and must be amended along with Penal Code 130. He argues that the amendments must emphasise prevention, not prosecution or punishment. In his view, SOSMA and Penal Code 130 are punitive laws in dealing with ideological offences and must be amended.
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More initiatives are taken by the government to help ex-detainees who have served their time to get back on their feet and have a decent life. The mental effects of being a convict under the stigma of society is a heavy burden that they have to carry for the rest of their lives. Support groups can be formed as a morale boost for them to get their life back together and start over.
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