KUALA LUMPUR – A motion at the coming annual general meeting of the Malaysian Bar calls for a boycott of cases involving the Security Offences (Special Measures) Act 2012 (Sosma) as a tactic to expedite its repeal.
The proposer, lawyer and human rights activist Charles Hector Fernandez, said a boycott would not be the first time the bar had dealt with oppressive laws.
He cited a similar motion in 1977 to boycott the Essential Security Cases (Amendment) Regulations 1975 (Escar), which the bar carried at an emergency general meeting that year, resolving not to appear in trials involving this law.
Fernandez’ motion against Sosma is listed in the agenda and motions for the bar’s 78th AGM on March 16.
With regard to Sosma, Fernandez said the current government under Pakatan Harapan had once promised to repeal it, but was now failing to keep that promise.
“The Malaysian Bar resolves that all members of the Malaysian Bar be advised not to appear in matters and trials of cases under Sosma whether retained or assigned from henceforth as the SOSMA is oppressive and against the rule of law.
“Provided that those who have been retained prior to 16th March 2024 may either discharge themselves and refund any fees collected or complete their brief,” his motion read.
As in 1977 against Escar, Fernandez said members of the bar should be aware that the government “may retaliate against it” for boycotting Sosma cases, but called on members to “uphold justice without fear or favour”.
Listing grievances against Sosma, Fernandez noted that although Parliament had made changes to provisions on remand to limit the duration of maximum remand, there remained other unjust provisions of the act.
This includes allowing police to detain a suspect of an alleged security or terrorism offence for not more than 28 days without a court order.
Additionally, the extension of remand beyond 28 days may be done by a police officer of superintendent rank or higher, instead of a magistrate.
“It effectively removes the need for remand hearings and remand orders by the Magistrate for any further detention for the purpose of investigation. This goes against Article 5 of the Federal Constitution,” Fernandez said, citing the constitutional provision that a person cannot be further detained without a magistrate’s authority.
Sosma also allows delaying a detainee’s right to consult a lawyer by up to 48 hours if police believe that having a lawyer will interfere with evidence.
“The right to a lawyer must be immediate, and it cannot be delayed. A suspect ignorant of his legal rights may foolishly do things most detrimental to himself or herself,” Fernandez said.
Similarly, Sosma has also removed the right to bail for those charged with a security offence, Fernandez added.
The coming bar AGM will see the tabling of other motions critical of the government, including one on rejecting controversial citizenship amendments said to worsen statelessness, and a challenge against the Federal Territories Pardons Board’s decision to reduce the sentence for former prime minister Datuk Seri Najib Razak. – March 13, 2024