HUMAN rights advocates have urged MPs to ensure the Independent Police Complaints of Misconduct Commission (IPCMC) Bill 2019 is passed today, as the Dewan Rakyat prepares for potentially heated debate over the matter.

Legal rights group Lawyers for Liberty (LFL) said it has seen a high toll on human rights without an independent body to investigate police misconduct over the years, and it was time to stop the culture of impunity in the police force.

“The human costs while the previous government administration sat on the formation of the IPCMC is heart breaking.

“Our experience representing victims of police brutality, deaths in custody, shootings and cover-ups leaves no doubt that the IPCMC is necessary to ensure accountability and transparency, to restore public confidence in the police force,” LFL director Melissa Sasidaran said in a statement today.

Calls for an IPCMC are justified, LFL added, as 80% of complaints in 2017 to the Enforcement Agency Integrity Commission (EAIC) are about the police.

“This demonstrates the need for an independent body to deal specifically with complaints of misconduct against the police. Independence is not taking the complainant’s side, it is the search for truth and the objectivity and impartiality to speak that truth, whichever ‘side’ it seems to favour.”

The IPCMC Bill will be re-tabled in the Dewan Rakyat today with 37 amendments after stakeholder consultations.

Prior to that, the MPs today will also hear a report on the IPCMC from Bukit Gelugor MP Ramkarpal Singh, who heads the parliamentary special select committee for the consideration of bills.

The bill was first tabled on July 18, then referred to Ramkarpal’s committee for more stakeholder consultations.

Ramkarpal will then conduct the winding-up debate, after which MPs will vote on the bill.

The IPCMC is to replace the EAIC in receiving complaints, investigating and handling disciplinary action of police officers.

The bill, originally drafted by a royal commission of inquiry to improve the police force in 2005, was rejected by the previous Barisan Nasional government, which introduced a much-criticised and watered-down EAIC instead.

IPCMC was mooted again after Pakatan Harapan won the general election last year, but it has been difficult obtaining full buy-in from the police force and opposition MPs.

LFL said until recently, the police continued to object to the IPCMC during the parliamentary select committee sessions.

“With all these objections, the force must answer to all Malaysians whether they are serious about reforming the police force, projecting an efficient, clean and trustworthy image, and serving the people and the nation with integrity and respect for human rights.”

Petaling Jaya MP Maria Chin Abdullah listed a few cases as reasons why an independent body to handle police misconduct is needed.

Besides the enforced disappearances of Amri Che Mat and Raymond Koh, numerous deaths of detainees, and the fatal shooting of teenager Aminulrasyid Amzah during a car chase, she said human rights reports have noted the high numbers of physical violence and deaths taking place under police custody.

“In its 2016 Human Rights Report Malaysia Overview, Suaram said 721 prisoners were reported to have died in custody between 2013 and April 30, 2016.

“A survey by Human Rights Commission of Malaysia (Suhakam) also stated that 10% of 369 detainees alluded to have witnessed, heard or suffered physical violence.

“An independent IPCMC could ensure that these cases are brought to light and that the proper disciplinary actions could be taken against those who are responsible and would additionally provide grounds for criminal investigation to be initiated by the police themselves,” Maria said today.

She urged police not to fear the IPCMC, saying it was a misconception that an independent body would weaken the police and tarnish their image, as police officers would still have their rights protected.

Maria also debunked objections to the bill that only the police force commission had control over disciplinary control over officers.

She said the federal constitution still allowed Parliament to assign disciplinary control to another authority, in line with the constitution’s vision for separate accountability.

She added that police should accept the bill as it would also improve their welfare and living quarters. – December 3, 2019.