Must the prevention of terrorism entail the violation of human rights? The case of Malaysia’s prevention of terrorism act

Ahmad, Abdul Razak and Dhillon, Simraatraj Kaur (2022) Must the prevention of terrorism entail the violation of human rights? The case of Malaysia’s prevention of terrorism act. UUM Journal of Legal Studies (UUMJLS), 13 (2). pp. 243-266. ISSN 2229-984X

[thumbnail of UUMJLS 13 02 2022 243-266.pdf]

Preview

PDF - Published Version
Available under License Attribution 4.0 International (CC BY 4.0).
Download (539kB) | Preview

Abstract

The enactment of the Prevention of Terrorism Act 2015 (POTA) in Malaysia has led to numerous detentions and rulings that are arguably violations of human rights. Through an analysis of primary and secondary materials, viz., the Federal Constitution of Malaysia, court decisions and relevant statutes, this paper questions the necessity of such draconian preventive detention legislation as POTA and concludes that a valid concern for national security has infringed the rights of Malaysian citizens. Thus, POTA must be re-evaluated and re-examined to ensure that the Malaysian government defends the traits that differentiate them from the terrorists they are combating.

Item Type:	Article
Uncontrolled Keywords:	Prevention of terrorism, human rights, national security, counterterrorism, natural justice
Subjects:	K Law > K Law (General)
Divisions:	College of Law, Government and International Studies
Depositing User:	Mrs Nurin Jazlina Hamid
Date Deposited:	24 Jan 2023 06:04
Last Modified:	01 Feb 2023 00:51
URI:	https://repo.uum.edu.my/id/eprint/29102

Actions (login required)

View Item