Key Issues
The Commission calls upon the authorities to provide the police with additional training for better
understanding of the new law, and their role in facilitating public assemblies and preventing
interference with the freedom to assemble peacefully.
The Commission also urges the Government to review provisions of the Peaceful Assembly Act
as outlined in its 2011 Annual Report to ensure compliance with human rights principles.
While the Commission is in the process of completing its Public Inquiry into Incidents During
and After the 28 April 2012 Public Assembly, it has consistently called upon the authorities to
respect the fundamental liberty of the people to assemble peacefully and express concerns and
opinions, as these are essential elements of democracy as guaranteed by Article 10(1)(b) of
the Federal Constitution and as enshrined in Article 20 of the Universal Declaration of Human
Rights (UDHR).
2. REVIEW OF LAWS
(a) Repeal of the ISA and Enactment of the Security Offences (Special Measures)
Act 2012
The Commission lauds the repeal of the ISA and welcomes, in its place, the Security Offences
(Special Measures) Act 2012 which came into effect on 31 July. The repeal of the ISA and
amendment of the Penal Code and Criminal Procedure Code are positive moves in improving
the human rights situation.
The Commission notes that some provisions of the Security Offences (Special Measures) Act are
in line with recommendations in its report, Review of the Internal Security Act 1960, published
in 2003. Nonetheless, it has concerns about other provisions that could violate the human rights
of detainees:
•
Section 4 does not provide for judicial oversight when the detention period is extended
up to 28 days.
•
Section 5 allows the police to deny immediate access to legal representation for a
period of up to 48 hours.
•
Section 6 permits the interception of communication which may infringe personal
liberty and the right to privacy.
•
Section 30 compels the court, upon application by the Public Prosecutor, to commit
an acquitted person pending exhaustion of all appeals.
The Commission also notes that the repeal of the ISA does not affect any order of detention
issued before 31 July unless revoked earlier by the Minister. The Commission therefore urges
the authorities to release those still detained under the ISA and to accord them their right to an
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