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There are countries with preventive detention that do not meet international laws and human rights requirements. There are also many other countries that have preventive detention regimes that are not only effective but also complies with the rule of law and human rights. Najib in enacting SOSMA has chosen to follow the countries using the model that deviates the most from international laws and human rights conventions.
Stella Busch Elias in her article “Rethinking ‘Preventive Detention’ From a Comparative Perspective: Three Frameworks for Detaining Terrorists Suspects” carried out a survey of the preventive detention framework of 32 countries including Malaysia. She found there were countries with preventive detention framework that allowed terrorist suspects to be detained, charged and put on trial under the existing criminal justice system with modifications and adjustments that largely complied with the rule of law and international standards for human rights.
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