Sosma reform: Suhakam seeks bail rights, shorter detention, and transparency
The commission is also asking the government to release draft amendments before they are tabled in Parliament.
Secretary-general Altaf Deviyati said the commission's longstanding concerns include extended detention without judicial oversight, restricted access to bail, limited access to legal counsel during initial detention, and broad discretionary powers granted to enforcement agencies.
"We believe these provisions not only challenge Malaysia's international obligations but are also inconsistent with the Federal Constitution," she told the New Straits Times.
Among Suhakam's proposals is the reinstatement of judicial discretion in granting bail, particularly for non-violent and non-terrorism-related offences.
The commission also calls for the maximum initial detention period to be shortened from the current 28 days, which it views as excessive.
Altaf said access to legal counsel must be guaranteed from the point of arrest, and that the right to a prompt and public hearing should be assured.
"Currently, detainees are waiting far too long just to get their first hearing," she added.
Finally, Suhakam recommends narrowing Sosma's application to truly exceptional and well-defined national security threats.
"Ordinary criminal offences should be addressed under existing laws," Altaf said.
Its secretary-general said that Suhakam has been participating in engagement sessions through the Parliamentary Special Select Committee since November last year.
"Public consultation is essential in any democratic law-making process," Altaf said, adding that transparency will ensure a more balanced approach between national security and fundamental liberties.
Altaf said that the commission acknowledges Malaysia's security needs but maintains that amendments must address ongoing and potential human rights violations.
Beyond legislative changes, Suhakam also advocates for systemic reforms to prevent abuse under Sosma and similar laws.
These include strengthening internal and external oversight, creating an independent complaints mechanism, and improving judicial training and awareness of human rights standards.
"We also need greater transparency in how laws like Sosma are enforced, including the regular publication of arrest data," Altaf said.
She added that Malaysia should ratify international human rights treaties such as the United Nations Convention Against Torture (UNCAT) and the International Covenant on Civil and Political Rights (ICCPR) to reinforce protections against arbitrary detention and mistreatment.
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Malay Mail
4 hours ago
- Malay Mail
Government must act on Suhakam's call without delay — Hafiz Hassan
AUGUST 3 — The call by the Human Rights Commission of Malaysia (Suhakam) on the government to implement a formal diversion policy for children in conflict with the law is long overdue. As explained by the commission, a diversion mechanism allows children accused of minor or non-violent offences to be redirected away from the criminal justice system into community-based programmes focused on education, counselling, and behavioural support. This approach would not only reduce the risk of criminalisation and social stigma but also address underlying issues such as trauma, neglect, or mental health. Such a policy is not a denial of accountability, but a shift towards restorative and rehabilitative justice which is proven to be more effective and humane for children. Diversion can be defined in different ways, but the term always refers to measures for dealing with children in conflict with the law without resorting to formal judicial proceedings or formal trial. A more comprehensive description of diversion is this: it is the channelling of children who are in conflict with the law away from judicial proceedings through the development and implementation of procedures or programmes that enable many - possibly most - to avoid the potential negative effects of formal judicial proceedings, provided that human rights and legal safeguards are fully respected. (See Unicef, Toolkit on Diversion and Alternatives to Detention, 2009) The purpose of diversion is to avoid instituting judicial proceedings against children in conflict with the law, or to suspend judicial proceedings, as well as to influence a child's proper development; to enhance their personal responsibility; and to promote their reintegration into society. Make no mistake that the use of the term is not recent. The writer says Suhakam is right to push for a child diversion policy — a move long championed by Unicef as key to protecting children's rights and futures. — Picture by Raymond Manuel According to Unicef, the term is already used by the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (1985), also called 'Beijing Rules'. It can be found in Rule 11 which reads as follows: 11. Diversion 11.1 Consideration shall be given, wherever appropriate, to dealing with juvenile offenders without resorting to formal trial by the competent authority. 11.2 The police, the prosecution or other agencies dealing with juvenile cases shall be empowered to dispose of such cases, at their discretion, without recourse to formal hearings, in accordance with the criteria laid down for that purpose in the respective legal system and also in accordance with the principles contained in these Rules. 11.3 Any diversion involving referral to appropriate community or other services shall require the consent of the juvenile, or her or his parents or guardian, provided that such decision to refer a case shall be subject to review by a competent authority, upon application. 11.4 In order to facilitate the discretionary disposition of juvenile cases, efforts shall be made to provide for community programmes, such as temporary supervision and guidance, restitution, and compensation of victims. The above acknowledges that diversion has been practised on a formal and informal basis in many legal systems. It serves to hinder the negative effects of subsequent proceedings in juvenile justice administration. Four years later in 1989, the United Nations Convention on the Rights of the Child (CRC) is also said to have promoted diversion, without using the term. This can be found in Article 40(3)(b) which stipulates that 'State Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognised as having infringed the penal law, and, in particular … whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.' Diversion is also a measure in the United Nations Guidelines for Action on Children in the Criminal Justice System (1997), also called 'Vienna Guidelines'. The Guidelines provide a comprehensive set of measures that need to be implemented in order to establish a well-functioning system of juvenile justice administration, consistent with international standards. Guideline 42 on Diversion states as follows: 'To prevent further overreliance on criminal justice measures to deal with children's behaviour, efforts should be made to establish and apply programmes aimed at strengthening social assistance, which would allow for the diversion of children from the justice system, as appropriate, as well as improving the application of non-custodial measures and reintegration programmes. To establish and apply such programmes, it is necessary to foster close cooperation between the child justice sectors, different services in charge of law enforcement, social welfare and education sectors.' According to Unicef also, European instruments too have incorporated diversion, albeit not comprehensively. The European Rules for Juvenile Offenders Subject to Sanctions or Measures (2008) do not mention diversion, but the Guidelines of the Committee of Ministers of the Council of Europe on Child-Friendly Justice (2010) state as follows: 'Alternatives to judicial proceedings such as … diversion (of judicial mechanisms) … should be encouraged whenever this may best serve the child's best interests.' (See Guideline 24). This year is the 40th and 15th anniversaries of the Beijing Rules and the European Guidelines respectively. Do we sit further on diversion? Kudos to Suhakam — especially its Chief Children Commissioner, Dr Farah Nini Dusuki — for highlighting the term. The Madani government must act without delay. For the sake of our children – our greatest treasure and our future. * This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
Borneo Post
7 hours ago
- Borneo Post
A political move that backfired
The Parliament of Malaysia – the only place where an incumbent Prime Minister may legally be voted out of office. — Bernama photo MANY Malaysian politicians are being innovative for the wrong reason. In Peninsular Malaysia, for instance, within the past 10 years, they have made political moves in order to acquire power and authority fast by devising stratagems such as 'tebuk atap' (by punching a hole in the roof) or 'masuk pintu belakang' (back-door entry). To make their schemes look like being constitutional, they used the Statutory Declaration to influence the legislators. Legislators were made to swear on a piece of paper to support the appointment of the candidate for premiership, cocksure that the King would agree to their proposal without question. Another device On July 26 this year, a new device for toppling an elected government was tried out. Opposition politicians used a gathering of thousands of party supporters at one spot in Kuala Lumpur and regarded the size of the crowd, real or bloated manifolds, as the sole criterion with which to convince the public at large and, in particular the supporters of Datuk Seri Anwar Ibrahim, should step down as Prime Minister without delay. However, one glaring flaw of this version of a coup d'état was that the organisers were not able to name a member of Parliament as the PM-designate during the rally, or soon after. It did not look like they had agreed beforehand that one MP from their group would be their nominee for the post. It has been a week now since the 'Turun Anwar' rally was held. At the time of writing this article, there has been no inkling that the incumbent PM has planned to call a press conference during which he would announce his resignation. Then one is tempted to wonder if the rally of 500,000 participants (some estimates say only 18,000 at most), had really achieved what its organisers had planned. To me, it begins to look like that this stratagem of mob rule has been counter-productive or ineffective in terms of forcing the incumbent Prime Minister to throw in the towels. Anwar's opponents have made him a martyr! Political crisis? Seeing in the social media and hearing from friends in Kuala Lumpur about the political fights for hegemony among the Malay politicians, many people in Sarawak I talked to are concerned about the eruption of a political crisis, and consequentially, of the possible side-effects of the political rifts in the peninsula. Those Sarawakians supporting the Unity Government and acknowledging the leadership of PM Anwar as the Chief Executive of the Unity Government, have a stake in that government. Resignation of the Prime Minister may be followed by the resignations of the other members of his Cabinet. The prospects of a full-blown political crisis are real; such crisis at this juncture will do more harm than good to the Federation. The Sarawakians in the Cabinet, in the Senate and in Parliament (as ordinary back–benchers) are from a coalition of parties, which had enabled the formation of the Unity Government a couple of years ago. I don't think they would undo what they had helped build. Instead, I think they would like to continue serving under it until the end of its term. There is law governing the elections of legislators and the appointment of the Prime Minister. Why ignore all these? Should the Federal Government collapse consequent upon the loss of the majority of seats in Parliament, the parliamentarians from the coalition parties, including Gabungan Parti Sarawak (GPS) would be in a real dilemma. Either they join the government formed by the Opposition MPs, or they turn themselves into Opposition. That would be awkward for Sarawakians. Either way, a political vacuum will be created, and that is a perfect recipe for a full-scale political problem, which we can do without. At the risk of repeating myself, I say that any political group aiming to rule this country via the public rallies to unseat the incumbent head of the government and using any scheme other than the process of elections carried out according to the relevant law, would deserve to be censored by all peace-loving people in this country. These Opposition politicians would have deserved some respectability had they done the decent thing: proposing the motion of 'No Confidence' in Anwar's leadership as the Prime Minister at the right venue: the Parliament. There, they can 'tear' him to pieces and pile heaps of the wrongdoings that the PM has allegedly done – or imagined to have done. Instead, they resorted to mass psychology now backfiring. The result: they have made Anwar a martyr! Watching all this from Borneo, it seems to me that the organisers of that rally in Kuala Lumpur did not respect the feelings of the other Malaysians, many in Peninsular Malaysia, and many more in the Borneo states. How or what they think, or how they feel about the possibility of a serious political crisis, does not seem to matter to the rally organisers. To me, such attitude is un-Malaysian! One thing that the July 26 rally organisers should have anticipated was that the supporters of the Prime Minister could also organise rallies of their own, saying: 'What they can do, we can do better!' They have the means with which to reach their supporters and the public for support by exerting influence on the main official mass media and their cyber-troopers are ready to do battle. In terms of psychological warfare, during the Communist insurgency in Malaya, the governing authorities were always in a better position than that of the guerrillas. Our rally organisers ought to learn from history. Smart, the Anwar supporters have not resorted to holding rallies of their own. No need for these. The opponents of your Boss have made him a martyr! Do they not realise that the other Malaysians in the Boneo states are watching the intense politicking there with a growing concern? I note that this political rivalry in the early days of Malaysia and now, after so many years in Malaysia, the rivalry is still as intense as it was 60 years ago. What's happening, and why? The intense competition for political hegemony in Peninsular Malaysia does not bode well for the Malaysians in the Borneo states. Please stop me from elaborating. Before I finish this, I saw something disgusting on social media: the scene of an image that resembled Datuk Seri Anwar Ibrahim, being flogged in public! I think that any group of politicians aspiring to rule the Federation in the future and using this method of punishment, can forget about looking at Sarawak for help to form a federal government. To describe the act as being 'inhuman' is almost generous! * The opinions expressed in this article are the columnist's own and do not reflect the view of the newspaper. malaysia politics Sarawak tebuk atap
The Sun
14 hours ago
- The Sun
Suhakam appoints Farah Nini Dusuki as chief children's commissioner
KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has welcomed the designation of Dr Farah Nini Dusuki as Chief Children Commissioner until the end of her term as Human Rights Commissioner on March 8, 2026. In a statement today, Suhakam also welcomed the appointments of three new Human Rights Commissioners, Dr Mohd Al Adib Samuri, Dr Zufar Yadi Brendan Abdullah and Melissa Mohd Akhir, effective June 28 this year. In a statement today, Suhakam also welcomed the appointments of three new Human Rights Commissioners — Dr Mohd Al Adib Samuri, Dr Zufar Yadi Brendan Abdullah and Melissa Mohd Akhir — effective June 28 this year. Mohd Al Adib and Zufar Yadi have also been designated as Children Commissioners. All appointments and designations were made by Yang di-Pertuan Agong on the advice of the Prime Minister under Sections 5 and 6A of the Human Rights Commission of Malaysia Act 1999 (Act 597), reflecting the government's ongoing commitment to strengthening the protection and promotion of children's rights in Malaysia. 'Suhakam is confident that the experience, expertise, and unwavering dedication of the new Commissioners will enhance the Commission's efforts to safeguard the rights and well-being of all children, including those who are undocumented and in conflict with the law,' the statement read. Farah Nini, appointed as Suhakam Commissioner on March 8, 2023, is a respected academician at the Faculty of Law, University of Malaya, with over 32 years of experience in child rights and human rights. She holds a Doctor of Philosophy (PhD) in child law from Cardiff University and has worked extensively with government agencies and non-governmental organisations (NGOs) in legal reforms, complaint mechanisms and public advocacy on critical children's issues. According to the statement, Mohd Al Adib, a scholar at Universiti Kebangsaan Malaysia, focuses on child rights within the Islamic legal framework, working with ministries, the United Nations Children's Fund (UNICEF) and civil society on issues such as child marriage and refugee children. Zufar Yadi, with nearly four decades of experience, is active in social development and child-focused volunteer initiatives in Sarawak. Melissa Mohd Akhir, a child rights expert with regional experience, previously served as a Deputy Public Prosecutor and was involved in drafting child protection laws. She now focuses on access to justice and advocacy work. Suhakam said it looks forward to working collaboratively to build an inclusive and child-centred Malaysia, in line with the Convention on the Rights of the Child (CRC) and the Child Act 2001 and reaffirmed its commitment to ensuring that every child in the country is protected, heard and allowed to thrive. 'Suhakam hopes that these appointments and designations will support and enhance institutional responses to key child rights issues, particularly in ensuring access to quality education, robust child protection mechanisms, and a just and rehabilitative juvenile justice system,' it said. - Bernama
