KUALA LUMPUR (Jan 2): The government's decision to retain the Security Offences (Special Measures) Act 2012 (Sosma) and Prevention of Crime Act 2017 (Poca) goes against its election promise to review all draconian and repressive laws.

"In relation to Sosma, the Act contains provisions which are draconian and contrary to human rights and the principles of justice. As such, any amendment must remove these provisions," reformist lawyer Syahredzan Johan said in a media statement today.

He pointed out that Sosma contained a provision which allows the police to detain a suspect for 28 days without the need to obtain any remand order from court.

"Within this period of detention, a suspect is not given access to a lawyer and will usually be pressured to make a confession," Syahredzan, the political secretary of DAP adviser Lim Kit Siang, said.

If Sosma is amended, Syahredzan said the 28-day detention period can be retained, but only by way of a court order and not through police powers.

Apart from the wide-ranging detention powers, Syahredzan said Sosma also contains provisions that are contrary to the rules of evidence that have long been the bedrock of the criminal justice system.

"If amendments are made, these provisions must be removed in order to ensure that the Sosma detainee is given a fair trial," he added.

While it is not impossible to amend Sosma by removing the problematic aspects, Syahredzan said such an exercise to amend the Act requires a total overhaul of the law.

"It is therefore easier and more prudent for the government to abolish the Act entirely and to replace it with legislation that can strike [a] balance between fundamental liberties and the need to combat threats to national security," he added.

As for Poca, Syahredzan said the Act allows for a detention without trial, which is an affront to the rule of law and has no place in a democratic country such as Malaysia.

Poca, he says, is a law that echoes the much criticised Internal Security Act, which was repealed in 2012.

"No amendment can be made that may 'rescue' Poca from being an unjust and repressive law," he said.

Furthermore, he added that Poca is not needed as the authorities clearly have the expertise and resources to investigate offences relating to public order and to bring perpetrators to face justice in court.

On Dec 30, 2017, Home Minister Tan Sri Muhyiddin Yassin said the government will keep two security laws — Sosma and Poca — with some amendments in a bid to curb terrorism in the country.

Since assuming power following a victorious 14th general election on May 9, 2018, the Pakatan Harapan government had imposed a moratorium on Sosma and Poca.