MALAYSIA’S new Prevention of Terrorism Act (Pota) is expected to be tabled at the current Parliament sitting, in a response to the heightened threat of terrorist activities in the country carried out by those inspired by militant groups like the Islamic State in Iraq and Syria (ISIS).
Published on Mar 11, 2015 10:30 AM
By Jeremy Lee
MALAYSIA’S new Prevention of Terrorism Act (Pota) is expected to be tabled at the current Parliament sitting, in a response to the heightened threat of terrorist activities in the country carried out by those inspired by militant groups like the Islamic State in Iraq and Syria (ISIS).
Here are some answers to questions you may have about this new law:
What will the law do?
It will enable the authorities to detain suspected terrorists for two years, with a possible extension of another two years if necessary. It also provides for an electronic monitoring device to be attached to suspects detained under the law.
The law will be an extension of the existing Prevention of Crime (Amendment and Extension) Act (Poca), which the authorities say is not enough to deter would-be terrorists as they deal with terrorism only after an act has been committed. The new law will focus on the prevention and eradication of threats.
Deputy Home Minister Wan Junaidi Tuanku Jaafar was quoted as saying that “Poca is on the prevention of crime, but terrorism is more subversive”.
Who will decide whether to detain suspects?
A five-member advisory board will determine whether to detain a suspect. The head of the board will be someone with a judicial background of at least 15 years. The other members will have legal experience or police backgrounds.
Evidence including an intelligence report will be presented to the board before it makes its decision.
How different is this law from the former Internal Security Act (ISA)?
Unlike the ISA, those detained under this law can dispute their detention in court, to ensure their rights are preserved on humanitarian grounds.
Also, Pota is supposed to be used only for violent threats, while the ISA was applied for all security concerns, including political and inter-ethnic tensions.
Malaysian Home Minister Ahmad Zahid Hamidi has also said the Pota would not be a revival of the ISA or the Emergency Ordinance. He also assured that it would not be used for political purposes.
What do supporters say?
Datuk Seri Ahmad Zahid said: “Once it becomes law, Pota will enable authorities to swiftly detain terror suspects and curb their activities without direct or absolute evidence.”
Defence Minister Hishammuddin Hussein said the Malaysian public will understand that the law is necessary to combat the threat of ISIS and its allies.
Armed Forces chief Zulkifeli Mohd Zin said the proposed act is “an appropriate and smart step by the Government so that these threats can be effectively contained and prevented”.
What do critics say?
Some lawyers feel the new act is unnecessary given the wide array of security-related legislation already in place.
“We already have laws that allow the government to stop people from leaving the country to join terror groups. They are just not using them,” the Malaysian Insider quoted Mr Andrew Khoo, who heads the Bar Council Human Rights Committee, as saying.
If passed, when will the law be in force?
Dr Ahmad Zahid said it will be tabled during the current session of Parliament that will end on April 9. If passed, it will be in force by the end of the year.
Sources: The Star/Asia News Network, The Malay Mail Online, The Malaysian Insider, Straits Times archives
