AS parliament resumes tomorrow, lawmakers must ask that the Independent Police Complaints and Misconduct Commission (IPCMC) bill be re-drafted, said a civil society group today.

Citizens Against Enforced Disappearances (CAGED) said in a statement that the IPCMC proposed in the bill fell far short of the 2005 proposal because it was modelled on the Enforcement Agency Integrity Commission (EAIC), which even the government had agreed was a failed institution.

“If the EAIC is a toothless tiger, Monday’s IPCMC is a toothless, limbless tiger, since it has even less investigative powers than the EAIC,” it said.

CAGED proposed that the IPCMC be modelled instead on the Malaysian Anti-Corruption Commission, which has with the right leadership proven itself to be effective.

It said MACC commissioners had police ranks and were “always on duty” while EAIC commissioners were mere laypersons. 

“MACC commissioners strike fear, EAIC commissioners do not”

CAGED noted that in the Pakatan Harapan manifesto, the name for the agency was “Independent Police Complaints and Misconduct Commission”, as proposed in 2005 by the Police Commission.

Monday’s bill, however, showed that the name had been changed to  “Independent Police Complaints of Misconduct Commission”, the “and” having been replaced with “of” .

It said the bill should not restrict the IPCMC to investigate only complaints of misconduct as the bill did not provide a definition for “complaint”, which was left to the Public Complaints Bureau (PCB) to to.

CAGED said checks revealed that the the PCB would not investigate complaints on subjects that were under the purview of the MACC. “

“It should be the same for the IPCMC.”

“The bill should mandate that the police cannot investigate deaths and grievous injuries which may have been caused by police actions.

“Police shootings and deaths in police custody must be investigated by the IPCMC. It follows that the bill must include provisions for holding evidence and suspects; and establish commissioners with police ranks.”

It said the bill must clarify which model of independence was to be adopted as it was presently unclear.

“Is the model akin to Hong Kong where the police investigate themselves, supervised by a commission?

“Or is it akin to Northern Ireland where police are investigated by an independent force? Or somewhere in-between, as in England and Wales?

CAGED said data on complaints must be accessible to enable MPs and the public to assess whether the bill would aid police reform.

“The Home Ministry should release data on complaints the police have received since 2005 and their effectiveness in resolving them.”

CAGED said it must be a national priority to restore the severely damaged reputation of the police, and the IPCMC was vital to the process.
 
“With respect to consultation, de facto law minister Liew Vui Keong has done better than his colleagues, but in Malaysia Baru, the process must begin with a Green Paper.” – October 6, 2019.