Kelvin Yii: PH firm in its stand that Sosma violates human rights

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Yii said the Act clearly shows that it is not in line with the spirit of the Federal Constitution which gives sovereignty to democratic principles such as the right to speak and the right to assemble.

KUCHING (March 25): Pakatan Harapan (PH) has long been consistent with its stand that the Security Offences (Special Measures) Act (Sosma) 2012 is a draconian Act that clearly violates human rights and oppresses the people, said Bandar Kuching MP Dr Kelvin Yii.

He said the Act clearly shows that it is not in line with the spirit of the Federal Constitution which gives sovereignty to democratic principles such as the right to speak and the right to assemble.

“Therefore this act should be rejected especially when this law can be abused by tyrannical leaders who try to detain individuals with different opinions and political ideologies.

“Although various assurances have been given by the government that the Act will not be used against parties of different ideologies or political beliefs, the detention of Petaling Jaya MP Maria Chin Abdullah, lawyer Matthias Chang and former Batu Kawan Umno division vice chief Datuk Seri Khairuddin Abu Hassan clearly shows that this Act can be abused and should be opposed,” he said in a statement here yesterday.

Yii also said this in reply to the Angkatan Bersatu Anak Muda (Armada) chief Wan Ahmad Fayhsal Wan Ahmad Kamal during the Parliament sitting yesterday.

The DAP Socialist Youth (Dapsy) chief said Wan Ahmad Fayhsal must stop distorting the facts and playing cheap politics through his attempt to blame DAP for the government’s defeat in the vote on the extension of Section 4(5) of the Sosma Bill.

Nevertheless, Yii said there is no doubt that the issue of national security is a very important matter and should be taken into consideration by all parties.

“There are existing laws that are already adequate to address security issues as well as offenses under Sosma.

“The Royal Malaysia Police (PDRM) can use the Criminal Procedure Code to detain any suspect in the issue of security offences.

“Under the Criminal Procedure Code, before the expiration of 24 hours, the PDRM can apply to extend the detention through a remand application before the Magistrate.

“For severe cases, the remand period is for seven days, and can be extended up to a maximum period of 14 days,” he said.

The existing laws are already adequate to address security issues as well as offenses under Sosma, he added.

“If we compare with other developed countries, the individual detention period of 28 days under Sosma is extreme and oppressive compared to Australia of seven days, England and Wales for 14 days.”

Apart from that, Yii said the issue of memorandum of understanding (MoU) not being respected and violated should not arise “because clearly under clauses 3.3(a) & (b), the MoU between PH and the government states only two things which are PH will take a neutral stand or not support that is for the annual budget, and also the motion of confidence vote against the Prime Minister”.

“Apart from these two things, if there is any bill or other proposal, it needs to be discussed and negotiated with the PH first.

“With regard to Sosma, there has not been any discussion with the opposition before it was tabled yesterday (Wednesday).

“Therefore, the PH will take a consistent stand that Sosma and all its oppressive and draconian sections should be abolished,” he stressed.