Chapter 3 - Report of the Research and Policy Development Group (iii) Security Offences (Special Measures) (Amendment) Act 2013 (SOSMA) The Amendment Act amended, among others, the First Schedule to SOSMA by including two new security offences: namely, organised crime under Chapter VIB of the Penal Code and smuggling of migrants under Part IIIA of the Anti-Trafficking in Persons and AntiSmuggling of Migrants Act 2007. Looking at the framework and the objective of SOSMA,5 that is, to deal with terrorist activities, the Commission is the view that it would be more appropriate for the accused in cases of organised crime and smuggling of migrants to be investigated, charged and sentenced under the relevant laws for such offences. (iv) Criminal Procedure Code (Amendment) Bill 2013 Among the amendments are the new clauses 265A, 265B and 265C which address the issue of witnesses who refuse to appear to testify for fear that their safety may be compromised if their identity is disclosed. The amendments allow for their evidence to be taken in a manner that they are not seen or heard by both the accused and the counsel. The amendments also allow for the distortion of their voice if they feel that there is danger of recognition.6 (v) Evidence (Amendment) Bill 2013 This seeks to provide for the admissibility of evidence given under the proposed section 265A of the Criminal Procedure Code (Amendment) Bill 2013 relating to a protected witness.7 The Commission accepts the merit of protecting a witness, but is of the view that the right of an accused person to a fair trial may be prejudiced in the face of such secrecy. It would deny the accused, through his/her counsel, judicial access to the witness. As at the end of the year, Parliament had passed the Penal Code (Amendment) Act 2013, Security Offences (Special Measures) (Amendment) Act 2013, and Prevention of Crime (Amendment and Extension) Act 2013. However, these have yet to come into force. The Government withdrew the Criminal Procedure Code (Amendment) Bill 2013 and the Evidence (Amendment) Bill 2013 in order to fine-tune the proposals.8 The Commission welcomes the move and hopes that it will be consulted during the review process. (e) Anti-Trafficking in Persons and Anti-Smuggling of Migrants (ATIP) Malaysia was placed on the ‘Tier 2 Watch List’ by the US State Department in its Trafficking in Persons [TIP] Report 2013, for the fourth consecutive year. This was for failure to fully comply with minimum standards for the elimination of trafficking under the US Trafficking Victims Protection Act 2000. The Commission organised Roundtable Discussions (RTD) with NGOs and the diplomatic corps to discuss the continuing issue of trafficking in persons. It also visited a shelter for victims of trafficking in Sabah (Table 3). On 3 September, the Commission assisted the Office of YB Senator Datuk Paul Low Seng Kuan, Minister in the Prime Minister’s Department, to organise a dialogue with NGOs. The Commission applauds the Minister’s commitment to assist in taking this matter to a higher 5 6 7 8 One controversial provision is the detention of a suspect for up to 28 days by the police and lack of judicial oversight when the detention period is extended up to 28 days. Explanatory statement of the Criminal Procedure Code (Amendment) Bill 2013 Explanatory statement of the Evidence (Amendment) Bill 2013 Available at: http://www.thestar.com.my/News/Nation/2013/12/05/Govt-withdraws-six-Bills-Move-to-allow-furtherfinetuning-of-proposed-laws.aspx/ 93