Condemnation of the law. Feared to curb civil liberties.
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| Illustration Pota (Free Malaysia Today) |
The Malaysian government passed the Prevention of Terrorism Act (Pota) in 2015, on Tuesday, April 7, 2015. This Act provides the authority to make an arrest for up to two years, without trial.
Many people inside and outside Malaysia, immediately denounced the law feared would be used by the Malaysian government, to curb civil liberties.
Pota gives authority to the security authorities, to conduct surveillance through various communication channels. Start of supervision in social media, to wiretap telephone conversations.
Malaysia's new anti-terrorism law that was, quickly reminded on how the Malaysian government abusing the Internal Security Act (ISA), as well as a number of other laws to silence opposition.
According to the HRW (Human Rights Watch) nearly 3,000 people have been arrested by the Malaysian government, just over 20 years since the ISA was adopted in 1960 to 1981.
Under the ISA, the government may order detention, to anyone who is considered as a threat to national security. There is no necessity to meet the most basic human rights.
During the period of the 1960s and 1970s, the Malaysian government used the ISA to suppress political activity, especially the left-wing Labour Party and the Socialist People's Party of Malaysia.
Zombie
Deputy Director of the Asia HRW (Human Rights Watch) Phil Robertson, calling Prevention Act of Terrorism (Pota) newly passed the Malaysian government, like zombies or "undead".
In an interview with DW, which was published on page HRW, Wednesday, April 8th, 2015, Phil calls Pota as reviving the Internal Security Act (ISA) and Law (EO) which was repealed in 2012.
Phil mentions many important questions unanswered, referring to the style of the Malaysian government for this, how will Pota be applied.
"Troubled, bearing no legal review, at each stage in the process of Pota, for someone who is accused of being involved with the action set out in Pota," said Phil.
He added, raising concerns about the Malaysian government has ulterior motives, by designing the authority to allow detention without trial.
Phil juxtaposing Pota with ISA and EO, which are made to combat the communist insurgency, as well as racial and religious tension control, which is then abused by the government.
For decades, the Malaysian government has utilized the ISA and EO to imprison political rivals, intimidate, and silence those who are trying to uncover the corruption of government officials.
ISA
What is a national security threat in the ISA, has never received a specific definition. Making the law freely, interpreted and used in accordance with the interests of the ruling.
ISA which provides authority for the detention of a person for up to 60 days, which then can be extended to two years, and can be extended back again, so that in practice there is no time limit.
In Criminal Law in Malaysia, police allowed detain someone, only if they have reasonable suspicion. But the ISA, a police officer need only "reason to believe".
Meanwhile, to make indefinite detention, only requires the approval of the Minister of the Interior that the detention is necessary for the survival of the security and stability of the country.
In practice, the ISA is used to hold all of the enemies of UMNO, a single ruling group in Malaysia. There should be no legal review, or judicial process in each detention.
All actions or decisions made King of Malaysia or the Minister, in exercise powers governed by the ISA, is protected and can not be questioned by any of the procedures.
ISA was removed in 2012, but was replaced by Security Breach Act (SOSMA) approved by parliament on June 18, 2012, and officially implemented on July 31, 2012.
Pota
A few days after the Malaysian government announced the arrest of 17 people suspected of planning terrorist acts in Kuala Lumpur, Pota escaped without a change in parliament, Tuesday, April 7th, 2015.
A total of 79 MPs agreed and 60 others refused, in the voting. Pages New Straits Times said, the first discussion of the Act goes well at the policy level.
The situation becomes more difficult, when the opposition proposes a number of changes from the initial draft. They insisted on retaining all of the 35 clauses, so that the discussion lasted up to 12 hours.
Finally happened eight times the voting at the committee level, on any motion for the proposed changes, before the final vote is made to pass Pota.
In the end, all the results of the government won. Amendments proposed by the opposition rejected. One proposed change is on the rank of a police officer can arrest a suspect involved.
Also proposed detention period is shorter, to 14 days from 21 days in the preliminary design. The opposition also proposed changes in the regulation of a restraining order.
Interior Minister Ahmad Zahid Hamidi, in the debate said Pota should be viewed with confidence, to understand that the purpose of government is to step in prevention.
Rehabilitation
Zahid said the rehabilitation of the suspects is a priority in Pota. He will not guarantee Pota misused or to replace the ISA. "What we do is introduce prevention," he said.
"Concerns that because they think that if there is an individual or member of a political party that has a different opinion, and Pota will be used," said Zahid, emphasizes the clause to it.
Clause which meant, stating that no person may be arrested or detained, simply because of their beliefs or political activity. "Pota only for terrorists," he said.
"It is the transparency of the current administration, where we let freedom for political differences," said Zahid. The same thing was stated by Minister of Regional Development and Regional Shafie Apdal.
The Star quoted page, Shafie said, they are not involved in terrorist activities, do not need to have a fear of the implementation of new anti-terrorism law.
"Pota is very important for countries like Malaysia. We have seen many countries in the world to introduce a similar law, to ensure that they do not fall into a situation of chaos," he said.
Pota called Shafie important to maintain peace in Malaysia, especially facing the threat of groups such as ISIS, which has been successful in recruiting many foreign militants, including from Malaysia.
Terror Activity
Malaysia became the focus of anti-terror investigations, since the 11 September 2001 attacks in the US. Some actors linked to Jemaah Islamiyah (JI), a network spread across Malaysia, Indonesia, and the Philippines.
Assertion when in power as president Suharto in Indonesia, making some militant leaders such as Abu Bakar Bashir, Abdullah Sungkar, Mohamad Iqbal refuge to Malaysia, in the 1980s.
They then build JI to recruit followers for many years, which was also sent to Afghanistan during a civil war. Make them received military training.
According to the HRW report, the scholars of Indonesia had many followers in Malaysia, as it is considered far more authentic and daring of clerics in Malaysia, which often avoid sensitive issues.
HRW cited sources that say, Iqbal and Bashir never say about the plan to form a pan-Islamic state covering Malaysia, Indonesia and the Philippines, as alleged by the government of Malaysia.
However, they are taught about jihad, especially Iqbal which teaches that Malaysian Muslims have a duty to perform jihad in Ambon, Indonesia.
The network managed to create sectarian divisions in Ambon in 1990, until the outbreak of religious riots in January 1999. Ambon be key for Iqbal to radicalize his followers.
Legal Basis
According to one of his followers Iqbal, there are several ways to meet the obligation of Jihad in addition come to Ambon, by donating money or prayer. Thus, the process of radicalization can continue to run.
Malaysia finally caught Iqbal June 2001 in Selangor using ISA. Without it, it is difficult for Malaysia prove Iqbal alleged involvement in terrorist activities.
Meanwhile, Abu Bakar Bashir, who is referred to as the spiritual leader of JI, was arrested after the Bali bombing, 2002. Bashir was tried and convicted for immigration violations, but free from all charges of terrorism.
At present, Malaysia and many other countries also face a dilemma, in dealing with citizens who joined ISIS in Iraq and Syria. Potential threats that exist, after they return home to his country.
To hold citizens who returned after joining ISIS, Malaysia must answer what the legal basis to be used, and how to prove the charges of engaging in terrorist acts.
More difficult handling of the citizens, who have been prevented before joining ISIS. They have not made a mistake, but can not be denied that they could potentially be a threat.
On that basis, Zahid statement that Pota important, especially as an important step to prioritize rehabilitation, be an acceptable reason.
SOSMA
After ISA repealed, Malaysian Prime Minister Najib Razak admitted that SOSMA 2012 as successor, is not sufficient to cope with the increased threat of groups such as ISIS.
Meaning prevention in the ISA, although ultimately misused, but allows security authorities take action before something happens. That is the difference with SOSMA.
That means, the law enforcement authorities have to wait for something to happen, before they act. Authority can not hold a suspect, who had a meeting to discuss the attack.
Therefore, the Malaysian government felt the need to introduce a new law that can be used as a legal basis. Especially with many Malaysians who have joined the ISIS.
Unlike ISA, Pota also not a stand-alone law, but require other laws such as the Law on Crime Prevention Measures (POCA), SOSMA and some other laws.
The government of Malaysia has introduced a new law on Terrorism Special Steps in Other Countries (SMATOC), allowing the authority to act, for those involved in terrorist activities in other countries.
Implementation
Learn from how the ISA is made and then abused, it is important to emphasize, among others, problem definition, such as what constitutes terrorist activity.
To prevent abuse, already there is a clause which stipulates that Pota can not be used to make an arrest based on dissent and political activity.
However, still need a specific definition, on terrorism-related activity. Also on rehabilitation and other preventive measures. What steps are tested in rehabilitation.
Referring to the success of efforts to radicalization, prevention becomes an important topic in the discussion of solutions. How can the right way to prevent, not merely intercepting or blocking of communications channels.
Efforts to protect the citizens is very important. But these efforts, it should not be done by restricting civil liberties. (Art)
Source: viva.co.id
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