GISBH surveys do not focus on race or religion – Hafiz Hassan

OCTOBER 2 — The Security Offenses (Special Measures) Act 2012 (Sosma) is an Act providing for special measures relating to security offenses for the purpose of maintaining public order and safety and for related matters .

Sosma is the law which provides for the procedures, rules of evidence and powers (including that of arrest) of authorities in relation to so-called “security offences”.

The term “security offenses” is defined to include offenses that fall under Chapter VI (offenses against the State), Chapter VIA (terrorism-related offenses) and Chapter VIB (organized crime) of the Penal Code.

For these offenses it is explicitly stated that Sosma applies (article 2 Sosma). There are no two ways about it.

Chapter VIB of the Penal Code begins with article 130U which defines “organized criminal group” as designating a group of two or more people, acting in concert with the aim of committing one or more serious offenses, in order to obtain, directly or indirectly, a material advantage, power or influence.

A general view of the Global Ikhwan Services and Business (GISB) headquarters in Rawang, September 11, 2024. — Photo Reuters

Under section 52B of the CC, a serious offense is considered to be an offense punishable by imprisonment of ten years or more.

Two weeks ago, on September 17, Inspector-General of Police Tan Sri Razarudin Husain said the investigation into Global Ikhwan Service and Business Holding (GISB) had revealed links to organized crime.

“The mode of operation detected consists of moving individuals to escape detection by the authorities. It should be noted that the victims were not housed in one location; their locations changed frequently, including those we managed to save,” he said.

If by organized crime syndicate the IGP was referring to an organized criminal group, then the applicable law is Sosma. This is not the Code of Criminal Procedure (CPC), the general law on arrests and investigations.

Even the CPC explicitly states that its provisions do not apply where there is a written law currently in force regulating the arrest and investigation of, among other things, such offenses (Article 3 CPC).

Unlike the CPC, Sosma authorizes a police officer, without a warrant, to arrest and detain any person he has reason to believe is involved in security offenses (section 4(1) of Sosma). The detention of the person so arrested and detained may be extended for 28 days by a Commissioner of Police for the purpose of investigation (section 4(5) Sosma).

Sosma is the law to apply to security violations. This includes organized crime.

GISBH surveys do not focus on race or religion.

*This is the personal opinion of the author or publication and does not necessarily represent the views of Malaysian mail.