Friday 29 Mar 2024
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KUALA LUMPUR: The government tabled yesterday the Prevention of Terrorism Bill (Pota), which can be used to detain suspected terrorists without trial and also disallows judicial review on such decisions made by a Prevention of Terrorism Board, unless it concerns procedural requirements of the detention.

Under the proposed law, suspects can be first detained a maximum of 59 days (including the initial remand period), before being brought before the 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 for holding a suspect further. It can also direct a person to be set free if deemed necessary.

The bill does not allow any judicial review in any court, giving the board full discretionary power.

The only exception is with regard to any question on compliance with any procedural requirements.

Home Minister Datuk Seri Ahmad Zahid Hamidi tabled the bill for first reading in Parliament yesterday, together with the Special Measures against Terrorism in Foreign Countries Bill, and five other related bills.

The five are amendments to the Prison Act, Penal Code, Prevention of Crime Act, Criminal Procedure Code and Security Offences (Special Measures) Act (Sosma).

The Pota bill, however, expressly states that no one can be arrested and detained “solely” for their political beliefs or political activities.

The bill also states that the board can issue restrictive orders not exceeding five years on suspects if there is no necessity for detention. The order can be renewed for further periods not exceeding five years at a time.

Failure to comply with the terms of the restrictive order can result in a jail term of between two and 10 years.

Electronic monitoring devices can be fitted on suspects under the restrictive orders, and their movements will be limited to any state, district, mukim, town or village stated in the orders.

The names of those serving the restrictive orders will be entered into a register to be kept by the “Registrar of Criminals” and they can be imprisoned for between five and 15 years if they are found to have knowingly “consorted” or associated with other persons in the register without permission from the district police chief.

Those listed on the register will also face double penalties and whipping if they are found guilty of any type of offence.

They will also face jail terms of up to five years and a fine of RM10,000 or both if they are found loitering at any public place or with more than two registered persons and cannot satisfactorily account for their presence.

Last November, Prime Minister Datuk Seri Najib Razak proposed that a new law against militancy and terrorism be enacted to tackle the dangers posed by Malaysians returning after fighting with the Islamic State.

In tabling the 19-page white paper titled “Towards overcoming the threat of Islamic State”, Najib said existing anti-terrorism and militancy laws like the Sosma, Prevention of Crime Act and Penal Code should be bolstered. — The Malaysian Insider

 

This article first appeared in The Edge Financial Daily, on March 31, 2015.

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