Act 747: PSSC Recommends Review Of Critical Provisions To Protect Human Rights

KUALA LUMPUR, Dec 3 (Bernama) -- A Parliamentary Special Select Committee (PSSC) has recommended that the government refine Sections 4(5) and 13 of the Security Offences (Special Measures) Act 2012 (Act 747) to ensure consistency with the principles of freedom and human rights, without compromising national security.

Its chairman William Leong Jee Keen said that since the act came into force, it had raised questions regarding fairness, transparency, and the protection of human rights, including issues such as detention for up to 28 days without judicial review, denial of bail, and limited access to legal counsel.

“The act’s implementation impact extends beyond the individual detained, encompassing broader effects such as psychological pressure on families, social instability, risks of abuse of power, and public perceptions of the judicial system’s integrity,” he said.

However, he said, any amendments must be implemented with caution so as not to compromise the country’s ability to maintain security and public order.

These were among the eight recommendations by the PSSC to improve Act 747, presented in the Dewan Rakyat today. 

Section 4(5) allows for detention of up to 28 days without judicial review, whereas Section 13 largely restricts the right to bail except in certain circumstances.

The committee also proposed that the government refine the definitions of “security offences”, “terrorist crimes” and “organised crimes”.

It recommended that the Home Ministry set a shorter timeline for implementing the amendments to Act 747 to ensure that legal reforms are carried out transparently and in stages.

The committee also recommended that the government restore the court’s discretionary powers in remand, bail, and trial matters, while proposing the use of electronic monitoring devices (EMD) to ensure justice.

It further urged the Home Ministry to safeguard the welfare of detainees, including access to adequate food and appropriate medical care in accordance with human rights standards.

The committee also recommended that the Ministry of Women, Family and Community Development and related agencies provide psychological services to detainees, noting that detention under Act 747 has a direct impact on the overall well-being of the family.

--BERNAMA