Proposal for the Security, Accountability, and Freedom Act (SAFA): A Rights-Respecting Framework to Replace SOSMA

An Open Letter to the Prime Minister of Malaysia, Members of Parliament, and the Attorney General’s Chambers

Introduction

Malaysia stands at a critical juncture in balancing national security with the protection of civil liberties. While the Security Offences (Special Measures) Act 2012 (SOSMA) was introduced to address evolving threats, its broad discretionary powers, opaque processes, and documented misuse against activists, journalists, and political dissidents have undermined public trust and violated international human rights standards.

I propose the Security, Accountability, and Freedom Act (SAFA), a legislative framework designed to replace SOSMA, balancing national security imperatives with human rights protections. SAFA incorporates robust safeguards for individual freedoms, judicial accountability, and alignment with global best practices, ensuring that Malaysia’s security laws protect citizens while upholding the rule of law.

National Security as the Utmost Priority

National security is of paramount importance in ensuring stability and safeguarding the rights of all Malaysians. However, security must not come at the expense of fundamental freedoms. The Security, Accountability, and Freedom Act (SAFA) provides a well-calibrated balance between protecting the nation from genuine threats and upholding the rule of law, democracy, and human rights.

Unlike SOSMA, which has been criticised for its overreach and lack of safeguards against abuse, SAFA introduces a structured legal framework that prioritises both security and accountability. By ensuring strict judicial oversight, transparent procedures, and time-bound provisions, SAFA effectively prevents misuse while maintaining a strong defence against threats such as terrorism, espionage, and sabotage. The replacement of SOSMA with SAFA ensures that Malaysia upholds both national security and civil liberties in equal measure, aligning with best global practices.

Key Principles of SAFA

SAFA is grounded in the following principles:

1. Proportionality – Security measures must align with the severity of threats, avoiding excessive restrictions on rights.
2. Judicial Primacy – Courts, not executives, will authorise and review detentions, surveillance, and counterterrorism actions.
3. Transparency – Public disclosure of detention grounds and regular reporting on security operations.
4. Non-Discrimination – Explicit exclusion of non-violent dissent (e.g., protests, journalism) from security offences.
5. Human Rights Compliance – Alignment with the Universal Declaration of Human Rights (UDHR) and the Convention Against Torture (CAT).

Core Provisions of SAFA

A. Definition of Security Offences

• Security offences will be strictly limited to violent acts intended to coerce governments or intimidate populations (e.g., terrorism, sabotage, espionage).
• Vague terms like “national security threats” will be excluded to prevent misuse against political opponents, activists, or minority groups.

B. Detention Provisions

• Initial Detention – Allows detention without charge for up to 48 hours for urgent investigations.
• Extended Detention – Maximum of 14 days, renewable once for an additional 7 days, subject to strict judicial approval.
• Judicial Review – First judicial review must occur at the 48-hour mark, with subsequent reviews every 72 hours if detention is extended beyond 48 hours.
• Preventive Detention – Limited to 7 days (non-renewable) for confirmed imminent threats, subject to oversight by an independent tribunal.

C. Admissibility of Evidence

• Exclusion of Illegally Obtained Evidence – Prohibits the use of evidence obtained through illegal surveillance, torture, or coercion.
• Intercepted Communications – Permitted only under a court-issued warrant.
• Confessions – Confessions obtained under duress, torture, or without legal counsel will be inadmissible.

D. Safeguards for Detainees

• Access to Legal Counsel – Detainees must have access to a lawyer within 24 hours of detention.
• Protection from Torture – Explicit prohibition of torture, duress, or coercion.
• Medical Examination – Independent medical examinations will be mandatory within 24 hours of detention (aligned with the Istanbul Protocol).

E. Special Measures for Trials

• Closed Proceedings – Permitted only in exceptional cases, with strict judicial oversight.
• Witness Protection – Anonymity for witnesses allowed only if their safety is at risk, subject to court approval.
• Speedy Trials – Courts must conclude cases within 90 days from charge to verdict.

F. Enhanced Judicial Oversight

• Judicial Primacy – Courts, not prosecutors, must justify continued detention during mandatory 72-hour reviews.
• Post-acquittal detention requires a new judicial order with explicit justification.

G. Prohibition of Secret Evidence & Coerced Confessions

• Transparency – All evidence must be disclosed to the defence (aligned with Canada’s Charter of Rights and Freedoms, Section 7).
• Confessions – Invalid if obtained under torture, coercion, or without legal counsel (aligned with ICCPR Article 14).

H. Independent Oversight Body

• Establishment of an independent tribunal (modelled after Germany’s Federal Constitutional Court) to monitor detentions and investigate abuses.
• Parliamentary review of the law’s effectiveness and compliance with human rights standards.
• Victim Compensation – The state will provide reparations for individuals wrongfully detained under the law.

I. Legal and Judicial Framework

• Specially Trained Lawyers – Lawyers handling SAFA cases must have security clearance and certification in counterterrorism law and human rights.
• Specialised Judicial Chambers – High Court judges will be trained in counterterrorism and intelligence protocols, with a 90-day case resolution deadline.

J. Transparency and Accountability

• Public Disclosure – Redacted summaries of detention grounds published within 48 hours.
• Access to Legal Counsel – Detainees must meet with a lawyer within 48 hours of detention.

K. Sunset Clause

• Five-Year Review – SAFA will include a mandatory sunset clause requiring parliamentary review and renewal every five years to ensure its continued necessity and alignment with evolving security needs and human rights standards.

Conclusion

SAFA represents a fundamental transformation in Malaysia’s approach to national security, one that ensures protection without compromising civil liberties. By setting clear limits on pre-charge detention, enforcing strict judicial oversight, and explicitly excluding non-violent dissent from security offences, SAFA upholds international human rights standards while addressing genuine security threats.

The time for reform is now. I urge policymakers to refine SAFA and introduce it in Parliament with cross-party support. To ensure its successful implementation, Malaysia must:

1. Equip judges and law enforcement with the necessary training on SAFA’s safeguards.
2. Launch public awareness campaigns to foster trust and transparency.
3. Collaborate with international bodies (e.g., UN, ASEAN) to uphold ethical counterterrorism practices.

SAFA is more than just legislation, it is a pledge to build a Malaysia where security and freedom reinforce, rather than undermine, one another. A nation that safeguards its people while protecting their fundamental rights is a nation that stands strong, just, and respected on the global stage.

About the Author

Ts. Dr. Manivannan Rethinam is a distinguished Professional Technologist (Ts.) and holds a Doctorate in Business Administration, specialising in marketing and technology management. As Chairman of Majlis Gagasan Malaysia, he is a passionate advocate for civil liberties, interfaith harmony, and social justice. His work is driven by a commitment to fostering compassion, unity, and inclusivity as the foundation for a more equitable society. Through dialogue and collaboration, he strives to bridge divides and create a better future for all Malaysians.