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Tougher laws to counter terrorism

RECENTLY, our Prime Minister Datuk Seri Najib Tun Razak tabled a White Paper on terrorism. The initiative taken by the Government is a progressive step. By publishing this paper, the Government has shown its conviction and views this matter seriously.
Najib correctly pointed out that there is a need to have new legislation to curb terrorist related activities, including terrorist financing.
The arrests of suspected terrorist/sympathisers indicate the threat of Islamic State of Iraq and Syria (ISIS) is imminent. It’s has become the biggest threat for our national security.
On Wednesday, heavily armed gunmen murdered more than 12 people including the editor-in-chief of Charlie Hebdo, a French newspaper in Paris.
This indicates that a terrorist attack can happened anywhere and at any time even though there is high security alert. This is a very dangerous and irrepressible situation to handle. The British Parliament in January, through the Counter-Terrorism Bill, wanted to introduce a new law which allows authorities to have powers to stop suspected terrorists of British nationality who are returning to Britain from abroad. They will not be allowed to enter unless they agreed to the terms set by the UK authorities.
Further the UK police and border officers are empowered to seize passports if they have reasonable suspicion on the said person who is involved with terrorism abroad even though he is a minor. By a magistrate’s review, the passports can be compounded for 30 days.
In addition, the airlines must comply with the requirement to screen passengers and prevent them from boarding planes. If these requirements are not complied, the airlines can be fined.
It may seem harsh from the viewpoint of human right advocates, however, national security cannot be compromised for any reasons. The interest of nation is more important than the interest of a group of people who are keen to jeopardise the stability of a nation.
Syria and Iraq have become incubators for a new wave of terrorism. Since the three-year conflict began, it is believed that more than 12,000 foreign fighters from various part of world are willing to fight for ISIS.
As of last November, 45 Malaysians have been identified to be part of ISIS in Syria and another 15 Malaysians are in Iraq. Five of them were reported to have been killed.
For the first time in Malaysian history, two suicide bombers from Malaysia killed themselves in a foreign country. The profiles of both suicide bombers show that they are below 30 years old and secondary school leavers. Most of them were recruited through the social media.
Therefore there is a need to have a law which will allow the security and intelligence agencies to monitor and record any suspicious conversations or transactions which designate the planning of any terrorist attack in Malaysia.
If the relevant agencies reasonably believe that the suspected terrorist/sympathisers wanted to execute such heinous attack on our soil, then the law must allow the said agencies to detain such persons without fear and favour.
In addition, the existence of sleeper cells throughout country actually cannot be quantified. These terrorists from sleeper cells are more dangerous than known terrorists because their identity and location is unknown to the authorities.
One of the possible clues is by identifying the connection between the known terrorist and sympathisers. This will establish the link and uncover the entire network for the authorities to detain and prosecute in the courts.
To do this the relevant security forces and agencies need to be sufficiently equipped with a comprehensive law to execute their tasks for the interest of this nation.
We cannot treat ISIS lightly. It is a genuine threat to the stability and security of the country. The changing of political, economic and social landscape in the past decades will eventually turned this country into a breeding ground for terrorist groups like ISIS in the near future.
The Government is actually at a crossroads.
National interest and security are more important than to protect the fundamental rights of a small group of people. Further a hardcore terrorist is always a terrorist. It is impossible to reform such person as indicated in the case of Yazid Suffat.
The new terrorism law must be guided by strategies such as:
> Investigation to ensure that all terrorist acts are investigated and perpetrators be charged and justice be meted out accordingly;
> Education to ensure young people will not be recruited as terrorist and ensure that people are not warped by false religious teachings;
> Legislation is up-to-date and all necessary loopholes covered;
> Co-operation within multi-layered intra, regional, and international agencies; and
> Intelligence, to ensure that all information is carefully studied and to thwart a potential terrorist attack.
Therefore, the new terrorism law must give enough powers to security and intelligence forces to curb the terrorist activities in Malaysia.
That power must include surveillance modes and methods by intelligence and security forces; limited detention without trial; a mandatory disclosure of funding; revoking passports of suspected terrorists and sympathisers; and the implementation of restricted detention within a scheduled area to monitor them effectively.
The new law also must appreciate our Constitution especially Part II which stipulates the fundamental rights of the people.
If there is any conflict between fundamental rights and national security then the Government is obliged to uphold national interest rather than protect a group of people that is threatening the sovereignty of our nation.

This article was published:-
  1. http://www.thestar.com.my/Opinion/Letters/2015/01/09/Tougher-laws-to-counter-terrorism/
  2. https://www.malaysiakini.com/news/285790

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