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Without reform, abuse of Sosma may continue, warns criminologist

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GEORGE TOWN: Malaysia risks normalising exceptional powers unless the Security Offences (Special Measures) Act 2012 (Sosma) is reformed, said senior criminologist Datuk Dr P. Sundramoorthy.

Speaking to the New Straits Times, Sundramoorthy said the law, which was introduced to replace the Internal Security Act and tackle terrorism and major organised crime, has evolved into a tool that can threaten due process, public trust and democratic norms.

“Sosma undeniably provides the police with operational flexibility, including rapid interventions, extended questioning and detention of up to 28 days without immediate judicial oversight.

“While such powers may aid intelligence-led operations, efficiency cannot come at the cost of constitutional safeguards.”

Sundramoorthy said the act’s broad definition of “security offences” and strict bail restrictions effectively shift power towards the state, increasing the risk of arbitrary or inconsistent application.

“Granting police wide discretionary authority without sufficient oversight creates fertile ground for politically sensitive detentions.

“Past cases involving activists show how powers meant for serious threats can be extended beyond their intended purpose.”

Sundramoorthy warned of the law’s wider social consequences.

The threat of detention under Sosma, he said, might deter not only criminal acts, but also legitimate political expression, fostering a chilling effect on civic engagement.

“When people fear that expressing strong views could be construed as a security threat, society as a whole suffers.”

He called for a reform agenda that narrows Sosma to genuinely high-risk threats such as terrorism, organised crime and human trafficking.

He stressed the importance of safeguards, including mandatory judicial review, guaranteed access to legal counsel and independent monitoring of detention conditions.

Strengthening conventional policing capacities, such as forensic investigation, intelligence coordination and officer training, could also reduce reliance on extraordinary powers, he said.

“Professionalism alone cannot replace structural safeguards.

“Extraordinary powers must remain exceptional. True security relies not just on strong enforcement, but on transparency, legitimacy and accountability.”

Earlier this month, the Parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform recommended that the government refine the definitions of security offences, terrorism and organised crime in any amendments to Sosma.


This article first appeared on NST.