SOSMA, The Security Offences (Special Measures) Act 2012

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SOSMA

The Security Offences (Special Measures) Act 2012 (Malay: Akta Kesalahan Keselamatan (Langkah-Langkah Khas) 2012) is “to provide for special measures relating to security offences for the purpose of maintaining public order and security and for connected matters”. The Act is to replace the 1960 Internal Security Act (Malaysia). The Act was approved in Parliament on 17 April 2012, given the Royal Assent on 18 June 2012 and Gazetted on 22 June 2012.

From Wikipedia, the free encyclopedia

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“Is somebody toying with the idea that I should be arrested under the Security Offences (Special Measures) Act 2012 (Sosma) on the grounds that I am anti-Quran and a danger and threat to the public order and security of the country?” asked Lim.

Sosma replaced the ISA after being repealed in 2012.

Malaysiakini

2:00PM Feb 22, 2014

Will Kit Siang be detained under Sosma?

DAP supremo Lim Kit Siang has queried whether plans were in the works to have him detained under the Security Offenses (Special Measures) Act 2012.

A sign of such a move, according to Lim, was the anti- Quran label pinned on him by Umno cybrtroopers.

That response was sparked by his Feb 1 statement criticising the Islamic Development Department Malaysia (Jakim) for its Friday sermon text blaming divisions among Muslims on weak faith plus instigation from Chrsitians and Jews.

“I did not refer to any Quranic verse or hadith but I am now accused of being anti-Quran.

“It makes me wonder whether a high-powered plot to frame me up like (Seputeh MP) Teresa Kok in 2008 so that I could be detained on the grounds of being anti-Quran and inciting racial and religious disharmony,” Lim  said in a statement today.

In September 2008, DAP MP for Seputeh Teresa Kok was falsely accused of signing a petition that azan prayers at the Kinrara mosque had disturbed the peace and was detained under the Internal Security Act.

She was released a week later after a public outcry.

http://www.malaysiakini.com/news/255122

malaysiandigest.com

Will Kok Be Charged Under Sosma?, Kit Siang Asks IGP

KUALA LUMPUR: Lim Kit Siang asked today if Tan Sri Khalid Abu Bakar plans to charge DAP’s Teresa Kok under the country’s anti-terrorism law over her Chinese New Year video, citing the police chief’s remarks over the weekend.

The DAP veteran noted that Khalid had warned Malaysians that they could face the Security Offences (Special Measures) Act 2012 (Sosma) if they were not careful in making statements that touched on racial and religious sensitivities as such comments may cause chaos.

His remarks, Lim said, were made in response to Kok’s proposal to put up Malay subtitles for the video, which presently only has English and Chinese subtitles.

“Who is Khalid threatening against when he warned that anti-terrorism laws would be used against those inciting racial tension?” Lim asked.

“I am raising the question whether the IGP is thinking of Teresa Kok as a likely Sosma detainee as I was shocked to see a video clip of Khalid describing Teresa Kok’s ‘Onederful Malaysia’ video as part of a ‘campaign of hate’ to cause disharmony in the country,” he added.

But Lim told the Inspector-General of Police (IGP) that criticising a government cannot be misconstrued as a terrorist activity and should not warrant the authorities’ use of the country’s chief security law.

He said it was not the intention of Parliament to ban all criticisms against the government when the Sosma Act was passed in 2012.

The law, Lim added, is also not the proper legislation to be used against those who incite racial and religious animosities.

http://www.malaysiandigest.com/frontpage/29-4-tile/489028-will-kok-be-charged-under-sosma-kit-siang-asks-igp.html

See also:

Will Kok be charged under Sosma?, Kit Siang asks IGP | Malaysia

http://www.themalaymailonline.com/…/will-kok-be-charged-under-sosma-kit-s

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SUARAM SAYS THAT SOSMA IS NOW BEING USED ON, OF ALL PEOPLE, A TEE-SHIRT MAKER!

Section 124D of the Penal Code states that anyone who prints, publicises, sells, issues, circulates, reproduces or possesses any document or publication detrimental to parliamentary democracy can be imprisoned for a term that may extend to 15 years.

Malaysiakini

Suaram decries use of Sosma on Turun T-shirt maker
  • 2:36PM Dec 30, 2013

A Human rights movement has condemned the police for invoking the security law against an activist for printing T-shirts for the anti-price hike rally tomorrow night.

Suaram said police are hunting for social activist Mohd Zul Raidy Ahmad Tarmizi for printing T-shirts that are “seditious in nature” and could be “detrimental to parliamentary democracy”.

“Based on information from his family and friends, the police are conducting the investigation under Section 124D of the Penal Code and the Security Offences (Special Measures) Act 2012,” Suaram coordinator Ahmad Syukri Ab Razab said in a statement today.

Ahmad Syukri said Mohd Zul was yet to be arrested.

He said 10 officers from the Taiping district police headquarters visited the family home at 9 last night, but the activist not there at that time.

After failing to find Mohd Zul, Ahmad Syukri (left) said, police proceeded to his rented house at 1am but left two hours later, as he had not turned up.

“The activist being hunted by police is only doing business openly. He merely accepted orders from the public, therefore it is illogical that he is planning to threaten parliamentary democracy,” Ahmad Syukri said.

Sosma, he added, was reserved for terrorists, but the police appeared bent on using the law to stop a peaceful rally.

Suaram decries use of Sosma on Turun T-shirt maker

Malaysiakini

Suhakam: Sosma could violate human rights

The Human Rights Commission (Suhakam) is concerned that provisions of the Security Offences (Special Measures) Act 2012 (Sosma) could violate the human rights of detainees.

NONEIt said in its 2012 annual report, released yesterday, that certain provisions are not in line with its  2003 report on the Internal Security Act (ISA) and recommendations for a new security law.

The annual report went on to say that:

- Section 4 (of Sosma) does not provide judicial oversight when the detention period is extended up to 28 days.

- Section 5 allows the police to deny immediate access to legal representation for a period of up to 48 hours.

- Section 6 permits the interception of communication which may infringe personal liberty and the right to privacy.

- Section 30 compels the court, upon application by the public prosecutor, to commit an acquitted person pending exhaustion of all appeals.

Suhakam: Sosma could violate human rights

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Malaysian Insider

Police say SOSMA detainees held over alleged al Qaeda ties

KUALA LUMPUR, May 27 — Two Malaysian men were arrested today for having suspected links to a branch of al Qaeda, police said, as the moderate Muslim country attempts to sever a connection between some of its citizens and Islamist militants in Syria.

The scrutiny comes after two Malaysians were arrested last October in Lebanon for trying to make their way to Syria to join a revolt against President Bashar al-Assad, where al Qaeda-linked militants are taking an increasingly prominent role.

The two men, aged 33 and 49, were brought before a lower court in here where they were charged with joining the Tanzim al Qaeda Malaysia group between August last year and February.

“There appears to be a connection between these Malaysians and what is happening in Syria. We don’t want it to spread,” a high-ranking police source told Reuters. He declined to be identified because of the sensitivity of the issue.

The judge fixed the next hearing for June 7.

Both of the men were arrested and charged in February on charges of inciting terrorist acts in Syria from Kuala Lumpur.

They were released last week along with an accomplice after the High Court said the charge was a misuse of the court process and unconstitutional, media reported.

One of them, Yazid Sufaat, a biochemist and former army captain, was imprisoned under the Internal Security Act (ISA) in 2001 for seven years on suspicion of being a part of the Jemaah Islamiah militant network.

The al Qaeda-linked Jemaah Islamiah was behind a series of bomb attacks in Southeast Asia, including nightclub attacks in Bali, Indonesia, that killed 202 people in 2002.

Yazid, who was released in 2008, was suspected by Malaysian and US authorities of providing lodging for two of the Sept. 11, 2001, hijackers and helping convicted September 11 conspirator Zacarias Moussaoui with money and references. — Reuters

Police say SOSMA detainees held over alleged al Qaeda ties

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23h

Former ISA detainee Yazid Sufaat has been detained just 7 days after the KL High Court allowed him to set aside a SOSMA charge/MKINI

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Malaysiakini

Yazid rearrested, wife doesn’t know why

Yazid Sufaat has again been detained by the police, just seven days after the Kuala Lumpur High Court allowed him to set aside a charge under the Security Offences (Special Measures) Act 2012 (Sosma).

NONEWhen contacted today, his wife Chomel Mohamad (left) said she does not know why he has been detained.

“The police came to our house about 8am today and picked him up. They said they are taking him to Bukit Aman. I was not at home when this happened, but my four children witnessed this.

“This is getting ridiculous as he had just been released … I am tired (of this),” said Chomel who operates a stall with her husband in a canteen.

Yazid had been released on May 20 along with two others on terrorism-rlated charges.

The trio were the first to be detained under Sosma which has replaced the Internal Security Act (ISA).

Yazid had previously been detained under the ISA for seven years, but was released in November 2008.

Yazid rearrested, wife doesn’t know why

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Malaysia Chronicle

Maiden SOSMA case collapse highlights post-ISA learning curve

May 22, 2013

KUALA LUMPUR, May 22 — A High Court’s decision to throw out the maiden charges filed under the Security Offences (Special Measures) Act showed that authorities must come to terms with the loss of arbitrary detention powers they once wielded before the repeal of the Internal Security Act (ISA).

On Monday, Justice Kamardin Hashim ordered Yazid Sufaat and his friends, Halimah Hussein and Muhammad Hilmi Hasim, to be freed after allowing their applications to strike out the charges made against them for “inciting unrest” in Syria..

When handing down the judgment, Kamardin said the court was satisfied that there was merit in the submission by the defence pertaining to the charges and the application of the Security Offences (Special Measures) Act (SOSMA) 2012, which was enacted under Article 149 of the Federal Constitution.

In his judgment, Kamardin said Article 149 of the Federal Constitution was only applicable for acts of threats in Malaysia.

“Since the charges against them involved offences committed in Syria, Article 49 and SOSMA, which is enacted under Article 149, cannot be used to prove the charges against them,” he added.

He said it would be an abuse of the court process if the prosecution was allowed to go on.

Speaking with Singapore’s The Straits Times, lawyer Amer Hamzah ― one of the lawyers acting for the three defendants ― concurred with judge’s findings that the Federal Constitution allows Parliament to legislate special laws only to deal with threats against Malaysia.

“The power of SOSMA is actually very broad,” said political analyst James Chin, noting that prosecutors may have been haphazard in framing the charge to allow the accused to beat them on a technicality before the trial even began.

The SOSMA was introduced as part of a larger reforms pledge made by Prime Minister Datuk Seri Najib Razak in 2009. Among others, the reforms included the repeal of the ISA and the introduction of the Peaceful Assembly Act.

Although replacing the ISA, the SOSMA lost the former’s arbitrary powers to detain an individual indefinitely and without charge.

Proponents of the ISA believe this reduced power may hamper its ability as a security law to be used against global terrorism, but critics contend that there are already adequate laws to deal with such instances.

“SOSMA deals with national security, not international security,” said lawyer and former Bar Council president Ragunath Kesavan. “But if the police have evidence that someone is building a bomb, there are criminal laws in the Penal Code you can charge him under anyway. It doesn’t matter where the bomb is meant to explode.”

Experts also believe Malaysia’s intelligence force is well able to work around the new limitation.

5 days ago KUALA LUMPUR, May 22 — A High Court’s decision to throw out the maiden charges filed under the Security Offences (Special Measures) Act

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See also

9 Feb 2013 JOHOR BAHRU: The detention of three people under the Security Offences ( Special Measures) Act 2012 (Sosma) had serious global impact, .

http://www.nst.com.my/latest/detention-of-trio-under-security-..

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