A. Submission of an Annual Report to Parliament
i.
Number of cases of persons detained under SOSMA for the year under
review;
ii.
Age group and gender of persons detained under SOSMA;
iii.
Number of days of detention under SOSMA;
iv. Number of those released before the expiry of the 28-day period;
v.
Number of those charged under the relevant laws before the expiry
of the 28-day period and after;
vi. Number of those released and not charged at all;
vii. Number of those who were initially detained under SOSMA but later
detained under other preventive laws including Prevention of Crime
Act 1959 and Prevention of Terrorism Act 2015; and
viii. Number of persons convicted and the Acts used to prosecute the said
persons upon the completion of investigation under SOSMA.
The Commission would also like to highlight that those who are detained
under preventive detention laws can be at an increased risk of vulnerability
to being subjected to ill-treatment and physical abuse which may amount
to torture. To minimise these possibilities, the Commission recommends that
the authorities and the police in particular, develop a standard operating
procedure (SOP) to deal with matters relating to detention under SOSMA.
In addition, Parliament should have access to this SOP to ensure that all
measures are taken to protect the rights of the accused.
4
SUHAKAM Press Statement No.11 of 2017.
S U H A K A M A N N U A L R EPOR T 2017
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1
Such a report is to ensure accountability to enable the Parliament to assess
the necessity of the use of the 28-day preventive detention provision by the
police as prescribed under section 4(5) of the SOSMA. At the outset, the
report should include information and assessment of the existing security
threats and risks to Malaysia. The said report should also contain information
on the following:
C H A P T E R
The Commission via its statement4 takes the position that the Ministry of Home
Affairs should submit a report on the application of the Security Offences
(Special Measures) Act 2012 (SOSMA) to Parliament annually.