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against subversion and actions that are prejudicial to the security of Malaysia.14 However, with its emphasis 7 Repealed in 2012 8 Repealed in 2011 9 Repealed in 2011 10 Repealed in 2011 11 Act 747 12 Prevention of Crime Act 1959 (PCA 1959) and Dangerous Drugs (Special Preventive Measures Act) 1985 (DDASPMA) 13 Article 149 of the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. 59 BOOK-ANR2016-01-latest.indb 59 08/04/2016 3:32 PM

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