An opposition leader has said the Prevention of Terrorism Bill 2015 (Pota) to be debated in Parliament is in “plain and blatant breach” of the federal constitution.

 

PKR Padang Serai MP N Surendran in a statement today explained that the constitution requires that an advisory board be set up for the detainee to make representation.

 

“Pota does not contain any provision for an advisory board as required by the constitution.

 

“The prevention of terrorism board set up under clause 8 (of the bill) should not be confused with the constitutionally required advisory board; it does not contain features of the advisory board as provided for in Article 151.

 

“This fatal flaw in the bill renders it unconstitutional, and any detention under such a law would be consequently illegal,” said the parliamentarian.

 

He said the government and the home minister have “no choice in this matter” but to withdraw the bill in its entirety.

 

“They must not table this unconstitutional bill for second reading today. To do so would be a gross disregard of the Constitution and the rule of law,” said Surendran.

 

He echoed other critcs in saying that existing laws such as Sosma 2012 and chapter VIa of the Penal Code are more than adequate to deal with any terrorist threat to the nation.

 

“In any event, this bill (Pota) is unnecessary and excessive,” he added.

 

‘Flouting international standards’

 

The international human rights community also urged the government to scrap the bill.

 

“The draft counterterrorism law is like a legal zombie returned from the grave of the discredited and abusive Internal Security Act,” said Phil Robertson, deputy Asia director at Human Rights Watch in a statement.

 

“By proposing this legislation, the Malaysian government is signalling its willingness to return to Malaysia’s past policies of repression.”

 

Robertson ( left ) also questioned the said guarantee in the bill that it would not be abused for political purposes, saying the clauses only limit this to registered political parties.

 

“Since the Registrar of Societies has the power to refuse or delay registration - a power that has been repeatedly used for political ends such as denying registration to a newly formed political party -the risk that the law will be used to restrict political opposition remains,” he said.

 

Robertson said the government’s purported efforts to combat terrorism should comply with international standards.

 

“These proposed laws reflect the continuing deterioration of human rights protection in Malaysia.

 

“To be effective, laws to counter terrorism should meet - not flout - international human rights standards.”

 

‘Table to bipartisan committee’

 

Meanwhile Lembah Pantai MP Nurul Izzah Anwar also slammed Pota and the other bills as tools targeted at the opposition.

 

In her statement, she said the bills are broadly rejected by civil society as well as Pakatan, and called on the government to table them to a bipartisan parliamentary select committee “to unearth the most effective solution to combating terror in our midst”.

 

“Else Pota and whatever else attached to it will only be seen as mere mechanisms to continue persecution against the opposition.

 

“The bulldozing of Pota will be cause for rejection from all quarters; the Bar Council, the Global Movement of Moderates Foundation and now, Pakatan Rakyat,” said the daughter of jailed opposition leader Anwar Ibrahim.

Table anti-terror laws to a bipartisan select panel

Scrap repressive counter-terrorism bill