Putrajaya amends bill to criminalise terrorist training

Putrajaya is seeking to criminalise those who receive instructions or training from terrorist groups or militants as well as being present at places used for terrorist training under new provisions in amendments to the Penal Code.

A jail term of up to 30 years is provided for those who have received training and instruction from either terrorist groups or militants.

This included learning how to make or use explosive or other lethal devices, carrying out a terrorist act or practising military exercises or movements from any militant organisations or individual aimed at engaging in terrorism.

A fine is also provided but the amount was not stated.

Those who knowingly attended terrorist training, either within or outside Malaysia, can be jailed for a maximum of 10 years or be fined but the amount was not specified.

Deputy Home Minister Datuk Seri Wan Junaidi Tuanku Jaafar tabled the amendments to the bill today, which also see four other acts amended, namely the Prison, Prevention of Crime, Criminal Procedure Code and Security Offences (Special Measures) Acts for first reading in Parliament today.

The amendments will also see another four new provisions being introduced.

Besides making it an offence to travel to, through or from Malaysia for the purpose of participating in terrorism acts in a foreign country, the new provision also noted that it is deemed an offence for any person to have in possession items associated with any terrorist group.

This include providing, displaying, distributing or selling such items. Those found guilty will face a jail term of up to seven years, a fine and forfeiture of the items.

The items includes publications, visual recordings, flags, banners, emblems, insignia or anything associated with a terrorist group, act or ideology of such groups.

Another new provision provides for the usage of conveyance for any terrorist acts to be punished with a maximum jail term of 30 years, a fine and forfeiture of the vehicle, while any person who prepares to commit any terrorist act or helps a person to commit any terrorism activity is liable for a jail term of up to seven years and a fine.

Meanwhile, under amendments to the Security Offences (Special Measures) Acts, Putrajaya is introducing a new clause that seeks to compel either current or former spouses of suspected terrorists to furnish the authorities with any communication made to the suspects during their marriages, regardless of their consent.

Another provision noted that in security offences cases, both the oral and written statements of those accused made at any time are admissible as evidence.

Additionally, it expanded the provision of admissibility of intercepted communication and monitoring, tracking and surveillance information, noting that any information obtained will be admissible as evidence during trial regardless whether before or after the suspects have been charged.

However, the proposed clause states that it shall only be admissible when tendered under a certificate by the public prosecutor, stating that the information obtained was authorised by the public prosecutor.

Last November, Prime Minister Datuk Seri Najib Razak proposed that a new law against militancy and terrorism be tabled at the next Parliament session to tackle the dangers posed by Malaysians returning after fighting alongside Islamic State (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 the Penal Code should be bolstered. – March 30, 2015.