KUALA LUMPUR: A rights group has urged the home minister to table amendments to the 28-day detention without trial provision under the Security Offences (Special Measures) Act 2012 (Sosma) by February, describing the reforms as long overdue.
In its Malaysia Human Rights Report 2025 Overview, Suara Rakyat Malaysia (Suaram) said the government should not delay further, stressing that “February 2026 should be the latest” for the amendments to be presented.
Suaram called on home minister Saifuddin Nasution Ismail to at least repeal Section 4(5) of Sosma, so that pre-charge detention falls under the Criminal Procedure Code and is subject to prompt and regular judicial oversight.
“This safeguard is critical to prevent torture and ill-treatment in custody,” it said in its 125-page report released today.
Section 4(5) of the Act allows police to detain individuals suspected of security offences for up to 28 days without a court remand order, bypassing normal court oversight, for complex investigations.
Suaram also recommended amending Section 13(1) to restore the right of all those charged under Sosma to apply for bail, with decisions made at the courts’ discretion.
It also called for the repeal of Section 30(1) to ensure that individuals acquitted of security offences are not kept in detention solely because the prosecution has filed an appeal.
Suaram’s documentation and monitoring coordinator, Jernell Tan, told FMT the group recorded 175 Sosma-related arrests in 2024, a sharp increase from 66 the previous year.
In February, Saifuddin said the government was considering allowing bail for certain offences under Sosma, a law criticised by rights groups for enabling prolonged detention without trial.
Social policing
The report also raised concerns over Malaysia’s continued reliance on religious and social policing to regulate belief, cultural expression, and social participation.
It said this approach has heightened tensions between state religious authorities and individual rights, warning that ad hoc enforcement undermines civil liberties.
Suaram highlighted reports of Terengganu authorities exploring public caning in areas such as parks and markets.
It called on the government to establish a standardised monitoring framework that incorporates theological review, cultural sensitivity, and evidence-based assessment.
According to the Kelantan government, at least 17 individuals of the LGBT (lesbian, gay, bisexual and transgend) community have been investigated under various state shariah laws as of last month.
“(There is) increased panic over LGBTIQ expression or non-cisgender heterosexual expressions. Gender expression, including clothing, mannerisms, and self-expression, especially of artists, performers, and public event attendees, has come under heightened scrutiny,” the report said.
Custodial abuse and sedition law
The rights group also urged the prisons department to take disciplinary action against officers implicated in the alleged assault of 100 detainees at Taiping Prison by more than 60 armed and masked prison officers.
“This should be accompanied with transparent recording and reporting of disciplinary outcomes to affected detainees and their families,” it said.
Suaram also reiterated its long-standing call to repeal the Sedition Act entirely and to immediately halt cases involving non-violent political speech.
“It is time to review ongoing investigations and prosecutions with a view to discontinuance,” it said.
