Prevention of Crime Act 1959 / Security Offences (Special Measures) Act 2012 (Malaysia)

Summary

Malaysia's preventive detention and special measures framework. POCA 1959 provides for detention without trial; SOSMA 2012 (replacing the ISA 1960) provides for up to 28 days preventive detention for security offences with restricted judicial review. Tamil diaspora in Malaysia (largely estate Tamil community) faces risks from both legislation.

Relevance to the diaspora

Tamil estate workers in Malaysia and members of the Tamil community involved in political activism face risks of SOSMA detention; the Malaysian Tamil community's political voice through parties like MIC has faced constraints under these laws.

Key provisions

• POCA s.4 — detention order (up to 2 years, renewable)
• SOSMA s.4 — arrest without warrant for security offences
• SOSMA s.13 — remand up to 28 days
• SOSMA s.10 — restrictions on bail

Primary source

Related entries

• → Internal Security Act (Singapore) (SG)