New anti-terror bill tabled, no judicial review for detention without trial
Putrajaya today tabled the Prevention of Terrorism Act (Pota), which will detain suspected terrorists without trial and which also disallows judicial review on such decisions made by a Prevention of Terrorism Board, unless it concerns procedural requirements of the detention.
Under the proposed law, suspects can be first detained a maximum of 59 days (including the initial remand period), before being brought to the board, which can then order further detention of up to two years.
Following this, the detention period can be renewed if the board decides that there are reasonable grounds. It can also direct a person to be set free if it deemed necessary.
The bill does not allow any judicial review in any court, noting that no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the board in its discretionary power.
The only exception is with regard to any question on compliance with any procedural requirements.
Home Minister Datuk Seri Ahmad Zahid Hamidi tabled the bill for first reading in Parliament today, together with the Special Measures against Terrorism in Foreign Countries Bill, and five other related bills.
The five are amendments to the Prison, Penal Code, Prevention of Crime, Criminal Procedure Code and Security Offences (Special Measures) Acts.
The Pota bill however, expressly states that no one can be arrested and detained "solely" for their political beliefs or political activities.
The bill also states that the board can issue restrictive orders not exceeding five years to suspects if there is no necessity for detention. The order can be renewed for further periods not exceeding five years at a time.
Failure to comply with the terms of the restrictive order will see a jail term of between two and ten years.
Electronic monitoring devices can be fitted to suspects under the restrictive orders, and their movements will be limited to any state, district, mukim, town or village stated in the orders.
The names of those serving the restrictive orders will be entered into a register to be kept by the "Registrar of Criminals" and they can be imprisoned for between five and 15 years if they are found to have knowingly “consorted” or associated with other persons in the register without permission from the district police chief.
Those listed on the register will also face double penalties and whipping if they are found guilty of any type of offence.
They will also face jail terms of up to five years and a fine of RM10,000 or both if they are found loitering at any public place or with more than two registered persons and cannot satisfactorily account for their presence.
Last November, Prime Minister Datuk Seri Najib Razak proposed that a new law against militancy and terrorism be enacted to tackle the dangers posed by Malaysians returning after fighting with Isis.
In tabling the 19-page white paper titled "Towards overcoming the threat of Islamic State", Najib said existing anti-terrorism and militancy laws like the Security Offences (Special Measures) Act (Sosma), Prevention of Crime Act and Penal Code should be bolstered.
Zahid recently reported that 100 Malaysians had been arrested by police on suspicion of involvement with militant groups.
The figure did not include 61 Malaysians who have been detected in Syria and Iraq, and 10 who have been killed. – March 30, 2015.
