KUALA LUMPUR (April 6): The Malaysian government has been urged by Human Rights Watch (HRW) to withdraw the proposed counterterrorism law now with parliament and ensure future drafts protect fundamental rights.

In a statement today, HRW said the Prevention of Terrorism Act 2015 would reintroduce indefinite detention without trial or judicial review, and violate due process rights in the name of preventing terrorism. Parliament is expected to vote on the bill before the session ends on April 9, 2015.

It said the draft law contains key elements of the notorious Internal Security Act (ISA), revoked in 2012, which was long used to detain government opponents, dissidents, and others in violation of their basic rights, Human Rights Watch said.

HRW deputy Asia director Phil Robertson said  the draft counterterrorism law was like a legal zombie returned from the grave of the discredited and abusive Internal Security Act.

“By proposing this legislation, the Malaysian government is signalling its willingness to return to Malaysia’s past policies of repression,” he said.

The draft law would allow terrorist suspects to be detained for 21 days based solely on the word of a police inspector, extendable for an additional 38 days.

During this period, the suspect is not permitted representation by counsel except when his own formal statement is being taken and recorded by the inquiry officer.

Robertson said that permitting a government-appointed body to order indefinite detention without judicial review or trial was an open invitation to serious abuse.

“The draft law creates conditions conducive to torture, and denies suspects the right to challenge their detention or treatment.” 

“These proposed laws reflect the continuing deterioration of human rights protection in Malaysia. To be effective, laws to counter terrorism should meet – not flout – international human rights standards,” said Robertson.