Lawyer Questions Police Use of Sosma in GISBH Detentions*

OCT 16 — Datuk Rosli Kamaruddin raised concerns on October 14 about the police's use of the Security Offences (Special Measures) Act 2012 (Sosma) to detain members of Global Ikhwan Service and Business Holding (GISBH), noting that the law is primarily designed to address terrorism.

Sosma applies to "security offenses," which include terrorism, state-related crimes, organized crime, and offenses under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007. Police Inspector-General Razarudin Husain indicated that the investigation into GISBH revealed links to organized crime, including evading detection and the relocation of victims.

On October 14, a GISBH warden was charged with sexually molesting a minor at a charity home, while three other members faced charges for human trafficking and sexual assault, including forced labor involving multiple victims.

If these allegations involve a coordinated group seeking material gain, they fall under organized crime as defined by law, justifying the application of Sosma.

Kamaruddin emphasized that if GISBH members believe their arrests and detentions are unlawful, their habeas corpus applications should not be delayed. The Federal Constitution protects personal liberty, allowing individuals to challenge unlawful detention in court.

He reiterated that wrongful deprivation of liberty is a serious issue, highlighting the importance of habeas corpus as a critical constitutional safeguard for all individuals, regardless of their status.