New govt must realise police oversight body


THE change in Malaysia’s government must spur, not stall, human rights reforms, including efforts to establish an independent police commission.

In a briefing published ahead of the Parliament session this month, Amnesty International is calling on the country to seize this historic opportunity to implement much-needed police reforms, and at last, establish the Independent Police Complaints and Misconduct Commission (IPCMC), first envisioned 15 years ago.

“For years, allegations of police abuses have routinely gone unresolved in Malaysia,” said Rachel Chhoa-Howard, Malaysia researcher at Amnesty.

“The new government would show leadership by finally going ahead with the establishment of IPCMC. History has shown that improving law enforcement and strengthening the legitimacy of the police agency in the country will remain a fantasy unless a truly independent IPCMC is established.”

The IPCMC bill has seen multiple refinements since it was first tabled in Parliament in July last year. There were 24 amendments when it was tabled for its second reading in October, and the parliamentary select committee reportedly made 13 additional amendments in December.

“Preventing police misconduct should be an urgent priority, especially when law enforcement is under such acute scrutiny worldwide,” said Chhoa-Howard.

“Government responses to Covid-19 – as well as greater scrutiny of police violence from Hong Kong to the US – are a reminder to Malaysians that its government needs to implement checks against police misconduct. This is a historic opportunity to enact change.”

Police reforms

Over the years, consistent reports of abuses, including violence against people in detention and deaths in custody, have damaged the reputation of the Royal Malaysia Police. Research by Amnesty and other human rights organisations has shown that police abuses have continued, and those responsible have not been held to account.

Amnesty’s briefing analyses the proposed police oversight commission, gives examples of cases of police abuse that an effective oversight body would address, and highlights areas of the draft enabling legislation that could be strengthened.

To ensure that the proposed commission is empowered to address police abuse, Amnesty makes the following recommendations:

* The Malaysian government should ensure that IPCMC is able to prioritise serious abuses by police, including any death in custody or as a result of police action. The proposed commission should also have full operational independence from the executive and be free from political influence, including in the appointment of commissioners.

* To ensure that complaints before IPCMC can be properly examined, the oversight body should be afforded full investigative powers, similar to those of a police investigator and the current Enforcement Agency Integrity Commission. It should also have the power to refer cases to the public prosecutor for criminal prosecution and the ability to appeal decisions not to prosecute if dissatisfied with the prosecutor’s decision in a case.

* In order to be fully transparent and sustain public trust, IPCMC should ensure that complaints are dealt with in a timely fashion, and that complainants are kept up to date on ongoing investigations. Civil society should play an active role in the commission’s work in order to bring attention to important issues of policing, and provide expertise and input to reform policies.

* Finally, to fully realise police reforms, Amnesty calls on Malaysia to ratify the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Human rights pledges, from death penalty to sedition

In addition to establishing IPCMC, Amnesty urges the country’s new leadership to demonstrate its commitment to human rights. A litmus test will be the progression of crucial reform processes, including the abolition of the Sedition Act and mandatory death penalty.

Malaysian authorities have, time and again, used laws, such as the Penal Code, Communications and Multimedia Act, and Sedition Act to target peaceful protesters. The Sedition Act criminalises a wide array of actions, including those “with a tendency to excite disaffection against any ruler or government” or “question any matter” protected by the constitution. Those found guilty face three years in jail, or a fine of up to RM5,000, or both. The act does not comply with international human rights law, and violates the right to freedom of expression, which is enshrined in Article 19 of the Universal Declaration of Human Rights and guaranteed in Article 10 of the constitution.

In 2018, the government announced that it would abolish the death penalty for all crimes. Since then, it has continued to observe an official moratorium on all executions. Last year, the government established a special committee to study sentencing policies to replace the mandatory death penalty with alternative punishments, and to make recommendations to the cabinet.

Amnesty calls on the government to ensure that legislative amendments are promptly tabled in Parliament to bring national legislation in line with international human rights law and standards as important first steps towards abolishing the death penalty.

“Malaysia’s new leadership must commit to fully respect, protect and fulfil human rights by undertaking other rights reforms that were promised to the Malaysian people in 2018,” said Chhoa-Howard.

“Amnesty is ready to work with the government to ensure that an effective IPCMC is created and other important human rights reforms are implemented.

“Passing the bill to establish an effective IPCMC would not only show that the government is serious about police reforms and the rule of law, but also that it is committed to respecting and securing the human rights of all Malaysians.

“Malaysians were promised police accountability in the 2018 polls. This promise must be kept.” – July 7, 2020.

* Amnesty International is a civil society group focused on human rights.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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