New security law 'open to more abuses'

International human rights group Human Rights Watch (HRW) has warned that the newly tabled security law to replace the draconian Internal Security Act (ISA) will open up the floodgates to more abuses.

The Security Offences (Special Measures) 2012 Bill that was tabled in the Dewan Rakyat yesterday, it said, threaten the fundamental liberties of Malaysians because the enforcers of the law would be accorded with too much power.

"The Malaysian government is putting to rest the long-derided ISA, but it is also setting the stage for future abuses," HRW Asia deputy director Phil Robertson said yesterday.

While HRW recognises the reduced arbitrary detention period from 60 days to 28 and the assurance that no individual will prosecuted for political belief as "significant improvements", Robertson added: "... the authorities still hold too much power to detain people on broad grounds, for too long and without judicial oversight.

"Provisions of the Bill will facilitate violations of fundamental human rights (as) permitting detention for 28 days without being brought before a judge violates international standards for prompt judicial review."

Robertson pointed out that the legislation will allow police to delay legal access for a person arrested for up to 48 hours "which encourages abusive interrogations".

The Bill, he said, defines "political activity" too narrowly, leaving room for arrests for other forms of peaceful political activity.

Provisions vaguely defined

Other grievances raised are the powers to arrest without warrant on "reasonable grounds" that an individual is involved in security offences, which he criticised as "vaguely defined".

"This will give the police broad powers to conduct searches and intercept communications without judicial warrant. And it will permit the police to unilaterally impose electronic monitoring devices on individuals released from detention, a serious infringement of personal liberty.

"There are not nearly enough civil liberty protections written into this law," Robertson said.

The flaws in the Bill would also result in grave infringements of basic human rights, considering the blanket provision to deny bail.

Apart from that, the proposed Malaysian law was also criticised for giving police power to intercept communication and information.

"The law will permit a court to order the continued detention of an acquitted defendant pending the exhaustion of all prosecution appeals, thus allowing the authorities to keep a person who has been found not guilty behind bars for years.

"The Security Offences (Special Measures) Bill sets the stage for trials with secret witnesses, unlawfully obtained evidence, and continued detention of those found not guilty.

"The government should go back to the drawing board and draft a law with inputs from civil society that will ensure the protection of basic rights," Robertson added.