KUALA LUMPUR:New security bill replacing Internal Security Act limits detention to not more than 28 days.
The Security Offences (Special Measures) Bill 2012 which will replace the Internal Security Act 1960 (ISA) among others is aimed at ensuring national security and public order from the threats of violence, sabotage and spying.
The Bill which has eight sections was tabled for the first reading by Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Aziz at Dewan Rakyat yesterday.
Among the contents of the bill was that all security offences must be tried by the High Court.
Section 2 of the bill stated that no individuals can be arrested and detained solely on his political belief or activity.
In the same section, special powers are vested upon police officers who can arrest and detain without warrant, an individual believed to be involved in security offences.
An individual arrested could be held for 24 hours to facilitate investigation and would be informed of the grounds for arrest.
A police officer ranked superintendent of police and above could extend the detention period for not more than 28 days for investigation.
In section 2, if a police officer found the detention was not necessary, the individual could be freed but an ‘electronic monitoring device’ may be attached on the person for up to 28 days.
However, the police officer is required to present a report of the investigation to the public prosecutor who would apply to the court to enable the ‘electronic monitoring device’ to be attached to the person.
Special procedures on the electronic monitoring device included requiring the person to report to the nearest police station at a specific time, failing which the offender would be jailed for not more than three years.
An individual caught tampering with electronic monitoring device could be jailed for not more than three years and the person would be responsible to pay for the damages of the device.
A police officer ranked not lower than a superintendent of police could intercept, detain and open any postal parcels, or intercept messages in any means of communications without the approval of the Public Prosecutor if the action was urgent.
Section Two Clause 5 allows detainees to inform his or her next-of-kin promptly when arrested and detained as well as permission to consult a legal practitioner of his choice.
A police officer ranked not lower than a superintendent of police could suspend for not more than 48 hours, access to consult a legal practitioner, if the grounds were valid.
According to the bill, bail would not be given to an individual, accused of security offences.
However, a person under 18 years, a woman or a sick person or an aged person accused of security offences could be released on bail, subject to the Public Prosecutor’s application for the electronic monitoring device to be attached to the person, according to Criminal Procedure Code. — Bernama