ISA vs SOSMA: Which is the Lesser Evil
Jason Chin
Issues regarding the Security Offences (Special Measures) Act 2012 (SOSMA) has come under the microscope again with the arrest of Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang. Tun Dr. Mahathir Mohamad in his press conference made inference that SOSMA is worse than his Internal Security Act (ISA). Following are some facts about ISA and SOSMA:
| ISA
|
SOSMA | |
| Leadership | Tun Dr. Mahathir Mohamad | Datuk Seri Najib Tun Razak |
| Arrest without warrant | Yes | Yes |
| Initial period of detention | 60 days | 24 hours but can extend up to 28 days |
| Can a detained be released before the initial period of detention with strict monitoring while investigations are ongoing? | No | Yes (with an electronic monitoring device attached to the person) |
| Is it compulsory to immediately notify the family about one’s arrest? | No | Yes |
| Location of the detained known? | No | Yes |
| Who can authorize further detention post-initial period? | Home Minister (Executive) | Attorney-General (Judiciary) |
| Can the detained stand trial? | No | Yes |
| Can a detainee be detained indefinitely without trial? | Yes | No |
| Can the detained apply for judicial review of habeas corpus? | No | Yes |
| Is the detained allowed to seek a lawyer of his/her choice? | No | Yes |
| Is the detained abused physically and mentally?
(Based on statements from past detainees) |
Yes | No |
| Is it politically motivated? | Yes | Possibly yes |
| Used to crackdown Opposition leaders? | Yes | No |
| Renowned politicians arrested under respective Acts | – Marina Yusoff
– Datuk Seri Anwar Ibrahim – Karpal Singh – Lim Kit Siang – Lim Guan Eng – Datuk Seri Dr. Maximus Johnity Ong kili – Vincent Chung – Jeffrey Kitingan – P. Uthaya Kumar& four other HINDRAF leaders (* In short if you oppose Mahathir you go to jail) |
– Datuk Seri Khairuddin Abu Hassan
|
Above are some important pointers. So, is Mahathir right when he claims ISA is better than SOSMA?
You be the judge…
