THE spate of crime and terrorist attacks in Sabah and detention of
Islamic State terrorists have some quarters calling for the Internal
Security Act 1960 (ISA) to be re-introduced. Rather than bringing back
the ISA, the government should enact new security laws with elements
that are missing in the current legislation to prevent such problems.
Perhaps the government can study the security legislation of the
United Kingdom and draft new security legislation rather than bring
back a repealed legislation.
Among the security legislation are:
TERRORISM Act 2000 (UK) — This widens the definition of terrorism to
apply to domestic terrorism and includes any “political, religious or
ideological” cause that uses or threatens violence against people or
property, creates new offences of inciting terrorism, increases police
powers, including stop and search and pre-charge detention for seven
days, and outlaws terrorist groups, including al-Qaeda.
This definition is suitable for Malaysia to maintain its homeland
security and to ensure that security and enforcement agencies have
wider powers to maintain peace and order;
ANTI-TERRORISM, Crime and Security Act 2001 — This empowers the home
secretary to indefinitely detain, without charge or trial, foreign
nationals who are suspected of terrorism, even though there are
amendments that extend to the executive powers for the freezing bank
accounts and assets. Although detention without trial can be considered
as a breach of fundamental rights but security and enforcement
agencies have a paramount duty to protect society;
PREVENTION of Terrorism Act 2000 — This allows the government to
restrict the activities of individuals it suspects of “involvement in
terrorist-related activity”, but for whom there is insufficient evidence
to charge;
TERRORISM Act 2006 — This extends the pre-charge detention period
from 14 to 28 days (the Criminal Justice Act 2003 had increased it from
seven to 14 days) and introduces a prohibition on the glorification of
terrorism.
This allows persons whom the authorities have no evidence of
their terrorist activities or, in the case of Malaysia, hardcore
criminals and known troublemakers with insufficient evidence, to be
charged in the courts.
Although Malaysia’s Security Offences (Special Measures) Act 2012
does have similar measures, this can be considered as an additional
measure to strengthen the security and enforcement agencies; and,
COUNTER-TERRORISM Act 2008 — This enables post-charge questioning
of terrorist suspects, allows the police to take fingerprints and DNA
samples from individuals subject to control orders, and amends the
definition of terrorism by inserting a racial clause.
Generally, these acts of parliament in the UK have ever-expanding
definitions of terrorism, the increase pre-charge detention periods,
the control order regime and increasing use of closed tribunal
proceedings, the widespread use of stop-and- search powers, the
limitation of the right to protest, and issues of state terrorism and
the right to rebel.
There are surveys in the UK that state that the public are
increasingly willing to give up their civil liberties in the name of
counter-terrorism.
Of course, we can expect some conflict between security
legislation and human rights. That’s because by its very nature, the
legislation restricts freedom, rights and, in some cases, liberty.
Therefore, it is impossible to have a legislation to tackle security
issues and crime alone.
The government needs to update the legislation if there is any need
or enact new laws to accomplish the required necessities. This
legislation must comply with the requirements of Part 2 of the Federal
Constitution.
The ISA had its purpose. That purpose was fulfilled when the
Communist Party of Malaya laid down its arms. It is improper to bring
back an act that is repealed.
In a nutshell, the government cannot create a single comprehensive
security law because the requirements are always changing.
It needs to be progressive and innovative by creating various legislation to tackle security issues and crime.
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