THERE should be no more delays in setting up the Independent Police Complaints and Misconduct Commission (IPCMC) as concerns have been addressed, said Bar Council IPCMC task force chairman M. Ramachelvam.

IPCMC was recommended in 2005 by a royal commission of inquiry to look into police misconduct. It was formed in 2004 following a spate of custodial deaths and abuse in police detention. The 16-member inquiry was led by former chief justice Mohamed Dzaiddin Abdullah.

Forming IPCMC was among the 125 recommendations of the Dzaiddin commission.

Ramachelvam said 14 years is too long a wait.

“I am of the view that the government should go ahead with IPCMC immediately. There has been sufficient engagement from the time of the royal commission in 2005 till now.

“In fact, the inspector-general of police and the previous deputy inspector-general of police have both stated that they support IPCMC. The Malaysian public also supports IPCMC,” he told The Malaysian Insight, adding that the body was part of Pakatan Harapan’s election promises.

Ramachelvam was responding to Home Minister Muhyiddin Yassin, who earlier this week said the government is still hearing views from stakeholders on the proposed IPCMC.

He said only some quarters have reservations about IPCMC.

“The reservations expressed are the same issues that were raised in 2005. There is nothing new there. Most of the issues have been addressed by the amendments proposed by the Bar Council to the original bill.

“The various concerns of police, such as the right to appeal any decision of IPCMC at the courts and the right to legal representation, have been addressed by the amendments proposed by the Bar Council to the original bill drafted by the RCI in 2005.”

He also dismissed claims that IPCMC is aimed at fault-finding and targeting police.

“The government has stated that other enforcement agencies, such as the Immigration, Customs, Maritime, Fisheries Departments, etc, will (eventually) be under the soon-to-be-established ombudsman.

“Therefore, the assertion that police are being singled out is without basis.

“In most jurisdictions, independent police commissions deal exclusively with police complaints and misconduct. Therefore, there is no basis (to claims that) police are being singled out by the government.”

He said the Bar Council had engaged the National Centre for Governance, Integrity and Anti-Corruption (GIACC), Enforcement Agency Integrity Commission (EAIC) and attorney-general to discuss mechanisms for IPCMC.

The meetings were initiated by GIACC, and held in December and January.

“From what I know, EAIC has carried out engagement with police and officials from the Home Ministry. EAIC is in charge of drafting the bill.”

He proposed that the commission have disciplinary and enforcement powers, otherwise, it would be ineffective and no different from EAIC, which was formed by the Barisan Nasional government amid mounting opposition to IPCMC.

Ramachelvam said law-abiding police personnel have nothing to fear.

Civil society groups, too, have recommendations for IPCMC.

Centre to Combat Corruption and Cronyism executive director Cynthia Gabriel said it is keen to provide input, especially on police accountability and corruption.

She said police accountability and efforts to fight corruption are of public interest.

“On fighting corruption (from within the force), we recommend naming and shaming.”

She said IPCMC should be in line with the National Anti-Corruption Plan 2019-2023.

Transparency International Malaysia president Akhbar Satar said IPCMC must take action without fear or favour, and conduct investigations without losing objectivity.

It must be fair to both complainants and subjects, he said.

“Transparency is something that department heads normally shy away from because of the repercussions from the public finding out their ‘secrets’, which, in turn, could be detrimental to their agencies.

“But there are some who make an effort to create a level of trust with taxpayers.”

IPCMC could also prevent police’s image from being continually tarnished, he added.

He said it might be a challenge to find the right people to manage it.

Akhbar said integrity, bravery and honesty are necessary, but equally important is that IPCMC is not run by cronies or non-performers.

Those taking up the role must have investigative skills, and understand the law and enforcement, he said. – March 29, 2019.