
Suaram executive director Sevan Doraisamy said this is because there are many controversial provisions under Sosma that are against human rights.
“If the law is clearly controversial, why use it widely? That is why we want the home ministry to impose a moratorium on Sosma,” he said.
He claimed that the family members of Sosma detainees complained that the detainees endured torture throughout 28 days of detention.
“This is not hearsay. The family members have lodged multiple reports but until now, there has been no update from the police,” he said at a press conference, which was also attended by 30 family members of Sosma detainees.
Another problem with the Act is that the detainees are not allowed bail, although the Sosma provision allows a detainee bail for health reasons.
Sevan said there was a case where a detainee was undergoing psychiatric treatment at Tanjung Rambutan Hospital but was still being held under Sosma.
Lawyer T Harpal Singh, who has represented multiple Sosma detainees, said the issue was not that the person was being detained for 28 days, but that bail should be provided in line with the concept of “innocent until proven guilty”.
“I handled a case once where my client was detained under Sosma for allegedly smuggling migrants. He spent four and a half years in prison before the court decided that he was not guilty.
“Is this fair to him?” he questioned, urging the government to expedite the reviewing of Sosma to allow for bail.
When it comes to health reasons, Harpal said the judiciary shouldn’t intervene with the opinions of medical professionals.
“If the doctor says the person is sick, that means they are sick. They should be allowed bail.”
In December last year, home minister Saifuddin Nasution Ismail said there will be no review of Sosma at the moment.
His statement received backlash from various quarters who reminded him of the election pledge by Pakatan Harapan to review the draconian law if it took over Putrajaya.