1.2 LEGAL AND POLICY ADVISORY A. LAW ADVISORY OVERVIEW SUHAKAM continues to advise the government and relevant authorities and remains hopeful that the government will emphasise human rights approaches in its policies and law reforms in accordance with international human rights standards. The Law and International Treaties Division (LITD) will continue its work within the national human rights institution (NHRI) to review various legislations in assessing their impact on human rights in Malaysia. 1. REVIEW OF LAWS 1.1 SECURITY OFFENCES (SPECIAL MEASURES) ACT 2012 (SOSMA) SUHAKAM is of the general view that any detention without trial goes against human rights’ core principles. UN General Assembly Resolution 68/178 on human rights protection and counter-terrorism emphasises that a criminal justice system should be based on respect for human rights and the rule of law. Ensuring due process and a fair trial to guarantee accountability is the most effective means of countering terrorism. SUHAKAM urges the Government to adopt this view in amending and enforcing SOSMA, as well as in designing and implementing effective counter-terrorism measures in Malaysia. SUHAKAM recommends that preventive laws should be safeguarded against the abuse of powers by the executive. Judicial and parliamentary oversight should be included to provide a check and balance in the legislation. While the detention of an individual is vital during an investigation, it must be demonstrated to the court that there are reasonable grounds to believe the detainee is a threat to national security. It is also within the court’s discretion to review the merits of the application rather than basing it on the general standard of “public security”. 20 ANNUAL REPORT 2020