KUALA LUMPUR (Apr 8): The Malaysian Human Rights Commission (Suhakam) regrets the passing of the new anti-terrorism act, saying that it is not in line with international human rights standards and the country’s position in top world bodies.

Its chairman, Tan Sri Hasmy Agam, in a statement today said provisions in the Prevention of Terrorism Act, which allowed for indefinite detention, breached Article 5 of the constitution on the right to a fair trial.

He added that the inability of a detainee to seek judicial review also breached the right to a fair hearing.

“The commission asserts that the right to a fair trial is absolute and cannot be limited. Furthermore, arbitrary detention is a serious threat to liberty and to the enjoyment of all other fundamental rights,” Hasmy said.

“The commission is also concerned with the lack of procedural safeguards necessary for avoiding unlawful detention and is, therefore, of the opinion that these directly violate the Federal Constitution and international human rights law.”

Putrajaya received a flood of criticism from human rights groups after Pota was passed early yesterday in Parliament after a gruelling 14-hour debate.

Critics said it was a renewed version of the repealed Internal Security Act, which allowed the authorities to detain people without trial and used against Barisan Nasional’s political opponents.

Pota allows police to jail suspects for 59 days before being brought to the Prevention of Terrorism Board, which can then order further detention of up to two years.

Following this, the detention period can be renewed if the board decides that there are reasonable grounds. It can also direct a person to be set free if it deemed necessary.

The bill does not allow any judicial review in any court, and no court can have any say over the decision of the board in its discretionary power.

Suhakam said Putrajaya must ensure that its efforts to combat terrorism must not challenge fundamental human rights and the rule of law, and jeopardise the principles of democracy.

“While the commission acknowledges the assurances by the (home minister) that the legislation will not be misused or used to silence political dissent, it is ... concerned with human rights implications of certain parts of the act.”

Hasmy called on the government to revise the act so that it is in line with Malaysia’s obligation to uphold international human rights standards.

“The commission urges for a revision of the act, with full and meaningful consultations with all stakeholders, including the commission.” – The Malaysian Insider