New anti-terror law should have real teeth to combat militancy, say analysts

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KUALA LUMPUR:  The so-called IS militant group, which is using social media as a tool to recruit members, is being seen by many countries, including the superpowers, as a great security threat which can  destablise the world.

It would be impossible to ignore the enormous influence wielded by the group, which controls large swathes of Syria and Iraq, as its militants are known to behead their hostages and prisoners, as well as burn them alive, besides destroying valuable historical artistic and religious heritage sites.

It came as shocking news when Bukit Aman’s Special Branch’s Counter-Terrorism Division Principal Assistant Director Senior Assistant Commissioner Datuk Ayob Khan Mydin Pitchay revealed on March 4 that at least eight Malaysian families, including five children, were in Syria to lend their support to the militant group.

Sixty-one Malaysian citizens, including 10 women, have been confirmed as fighting alongside the IS militants in Syria, but it is assumed that the number has probably touched 71 by now.

A total of 500 Facebook accounts have been identified as carrying out activities to promote, recruit or attempt to coax Malaysians into going to Syria, on the pretext of joining the “jihad” being waged there by the IS.

What measures can the Malaysian authorities take to contain the threat posed by the IS and prevent Malaysians from falling prey to the deadly influence of the militants?

Preventive Legislation

For sure, efforts must be intensified to get religious scholars to explain to the Muslim masses the true concept of jihad in Islam, in order to enable them to have a clearer understanding of the real meaning of jihad. This will help to negate the influence wielded by the IS and ward off further attempts by the militants to recruit Malaysians.

On the government’s part, it is tabling the Prevention of Terrorism (POTA) Bill in the current meeting of the Dewan Rakyat to address the threat posed by militants.

When passed, the new law, according to Home Minister Datuk Seri Dr Ahmad Zahid Hamidi, would complement existing laws like the Security Offences (Special Measures) Act 2012 (SOSMA) and the Prevention of Crime (Amendment and Extension) Act 2013 (POCA), although SOSMA and POCA were punitive, and not preventive, in nature.

Prof Datuk Dr Mohamed Mustafa Ishak, who is head of the National Council of Professors’ Political, Security and International Affairs Cluster, said following the abolition of the Internal Security Act 1960 (ISA), there was no legislation to detain people suspected to be involved in violent or militant activities.

“POTA is important because it will prevent our citizens from going astray and stop outsiders from promoting their militant activities, which are not only a threat to the security of our country, but other nations as well.

“The question is whether the new law will be similar to the United States’ Patriot Act or contain elements of the ISA. We still don’t know what POTA is all about,” he told Bernama.

He said for the betterment of this nation, all parties, including the opposition, should support the Prevention of Terrorism (POTA) Bill because militants were not only posing a threat to the security this nation, but globally as well.

Sosma Not Enough

Asso Prof Dr Mohd Azizuddin Mohd Sani, a lecturer at Universiti Utara Malaysia’s College of Legal, Government and International Studies, said SOSMA did not have enough ‘teeth’ to curtail militant activities in the country.

“When the ISA was abolished, the government was forced to draft a new law to fight terror. It’s necessary to have a law like POTA to control subversive elements like the IS group,” he told Bernama.

Prime Minister Datuk Seri Najib Tun Razak had announced on Sept 15, 2011, that the ISA would be abolished and replaced by SOSMA, which was aimed at maintaining public peace and security.

Pota’s Elements

Mohamed Mustafa hoped POTA would contain the two main elements of prevention and rehabilitation, pointing out that without the element of rehabilitation, those detained would most probably return to a life of violence after they are freed.

Mohd Azizuddin, on the other hand, urged the government to provide a clear definition of the term terrorist and a description of the activities construed as acts of terrorism.

“Perhaps, detention without trial may be brought back. To date, we don’t have much information on POTA, but we would like to know the legal procedures outlined in the act, such as the duration of detention of suspects.

“I don’t think the ISA will return because it will contravene existing laws like SOSMA,” he said.

On March 5, Ahmad Zahid was reported as saying that under POTA, terror suspects could be detained for two years or more. — Bernama