A new law that would allow terrorism suspects in Malaysia to be held indefinitely without charge, trial or judicial review, is a shocking onslaught against human rights and the rule of law, said Amnesty International.
“Indefinite detention without trial is contrary to human rights law and it will not stop terrorism. Abandoning people to rot in a cell for years on end without a judicial process and proof that they have committed a crime is just like aimlessly stabbing in the dark. Authorities must ensure that human rights and fair trial guarantees are respected and protected,” said Hazel Galang-Folli, Malaysia Researcher at Amnesty International.
Under the newly enacted Prevention of Terrorism Act (POTA), a board will be established to approve detention or restriction orders for individuals “in the interest of security of Malaysia”. A suspect can first be detained for 59 days without charge before being presented to the board. This body, which will be appointed by the King and will be outside of the jurisdiction of any court, will have the power to renew detention orders indefinitely. Its decisions cannot be appealed.