Since the government has vowed not to reformulate any laws allowing detention without trial after repealing the Internal Security Act (ISA), such a move of the Home Ministry has caused dissatisfaction of lawmakers and the Bar Council as expected. They criticised the government for not keeping its promises.
The measures were previously included in the Emergency Ordinance (EO) and the ISA and since they no longer suited the times and had been abused by the authorities to deal with political dissidents, they were finally repealed in 2011 and thus, many detainees were freed.
Some people in the government and the police believe that the increased domestic crime rate in recent years is related to the release of criminals detained under these laws. The Home Minister insists that it is necessary to restore the detention without trial measures as past experience has proven the effectiveness of the measures in preventing major crimes.
However, some people, particularly opposition lawmakers, argued that there is no substantive evidence to show that the increased domestic crime rate in recent years is related to the release of criminals detained under these laws. They claimed that the police's efficiency instead is the key to fighting crimes.
In any case, the police's recently launched "Ops Cantas Khas", the special nationwide crackdown on crime, has targeted mainly former EO detainees who are still actively involved in crime, gang members and wanted suspects involved in violence cases. The authorities try to clamp down on these groups having high potential to commit crimes with the hope to effectively combat crimes, ease the people's anxiety over the rising crime rate while deterring criminal groups and gangs. It can be proven by the move of some gang members who challenged the police under the pressure brought by the police's all-out war against crimes, including issuing death threats to high-ranked police officers, and spraying words like "RIP (rest in peace)" on the outer wall of police stations.
In other words, stringent measures to combat crimes, including restoring the detention without trial and preventive measures, are necessary means to effectively restore peace and safety in the Malaysian society. Of course, detention without trial is a draconian law and it is contrary to the concept of human rights. However, if the measures are properly and appropriately used to combat crimes, while not sacrificing social justice and human rights, it could be feasible. The most important point is, whether the police's handling means is credible. Its established prestige plays a crucial role, too.
The government must ensure that the detention without trial measures will not be used in political activities. Any political or politically related activities should be allowed within the scope permitted by law, as long as they are compliance with the law. The authorities must not constraint, deter and detain participants of these activities with provisions similar to the ISA. As long as these principles are met and strictly observed, the people should be able to accept the implementation of any appropriate crime prevention measures to combat crimes and restore peace in the society.
Translated by SOONG PHUI JEE
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