Chapter 1 – Report of the Policy, Law and Complaints Group
death penalty around the world. The event was held in Renaissance Hotel, Kuala Lumpur,
from 11-12 June 2015.
8.
REVIEW OF LAWS
(a)
Prevention of Terrorism Act 2015 (POTA)
Preventive detention or detention without trial goes
against the core principles of human rights. Although
the global situation concerning terrorism warrants the
need for the Government to enact new legislation to
maintain public tranquillity and eliminate any imminent
hostility that may jeopardise the nation, the legislation
itself must not be repressive, nor should it deny the
basic rights enshrined under the Federal Constitution.
Legislation itself
must not be
repressive nor
should it deny
the basic rights
enshrined under
the Federal
Constitution
While the Commission welcomes the progressive
approach taken by the Government in repealing the
Internal Security Act 19607 (ISA), the Emergency
(Public Order and Prevention of Crime) Ordinance
19698 (EPOPOC), the Restricted Residence Act 19339 (RRA), and the Banishment Act 195910
(BA), as well as in enacting the Security Offences (Special Measures) Act 201211 (SOSMA),
nevertheless, the recent enactment of the Prevention of Terrorism Act 2015 (POTA) together
with the existing two preventive laws12 negate and deny the rights of any persons detained
under those laws to a free and fair trial. The Commission on various occasions has urged
the Government to repeal and/or amend those laws to ensure that the rights of detainees
under the Federal Constitution are protected.
The Commission notes that POTA was enacted pursuant to Article 149 of the Federal
Constitution,13 under which Parliament is allowed to enact legislation against subversion
and actions that are prejudicial to the security of Malaysia.14 However, with its emphasis
7
Repealed in 2012
8
Repealed in 2011
9
Repealed in 2011
10
Repealed in 2011
11
Act 747
12
Prevention of Crime Act 1959 (PCA 1959) and Dangerous Drugs (Special Preventive Measures Act) 1985
(DDASPMA)
13
Article 149 of the Federal Constitution: Legislation against subversion, action prejudicial to public order, etc.
14
Preamble of POTA 2015.
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