THE Centre to Combat Corruption and Cronyism (C4) is wary of the Perikatan Nasional (PN) government’s Independent Police Conduct Commission (IPCC) bill. 

The bill, which was tabled in Parliament for first reading on August 26, after withdrawing last year’s Independent Police Complaints of Misconduct Commission (IPCMC) Act, appears to not only be a watered down version of the IPCMC Act, but an even more lame version of the Enforcement Agency Integrity Commission (EAIC) Act. All the amendments made appear to be frustrating and limiting the powers and independence of the IPCC to the extent that it limits their oversight functions, reduces transparency and is a mockery of the word ‘independent’.

Firstly, as always, the rot starts at the top – the purpose of the IPCMC was to be an independent entity with transparent reporting to the Parliament, in order to prevent any abuse of power or (perception of) interference from the government of the day. However, the IPCC appears to report to the Home Ministry, similar to the police. This also opens the door for the usage of secrecy as a reason to prevent the public reporting of the outcome of the cases the IPCC investigates and their recommendation, thereby rendering the IPCC as secretive and opaque as the police.

Next, we have observed the rot and rust extends throughout the bill in the following areas:

As the Malaysian Human Rights Commission (Suhakam) and many civil society organisations commented last year during its tabling, the IPCMC was a slight improvement from the EAIC but was still a watered down version from the recommendations made in the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police, headed by former chief justice Mohamed Dzaiddin Abdullah in 2005. The purpose of the IPCMC was to improve oversight and to allow independent and equal investigation and punishment for errant, abusive and corrupt officers across the rank-and-file.  

The Barisan Nasional government then shortchanged the people with the watered down EAIC in 2011. This was followed by promises made by the Pakatan Harapan (PH) government which relied on a manifesto largely based on accountability, anti-corruption and transparency to install the IPCMC as outlined by the royal commission, in order to improve the police and reduce miscarriages of justice. However, PH subsequently U-turned on their promise and presented a watered down version to parliament, which was strongly opposed by the opposition at the time – who are now enacting the further diluted IPCC bill.

As Inspector General of Police (IGP) Abdul Hamid Bador once said, the IPCMC ‘does not diminish the powers of the police,’ and it was a step ‘to improve the image of the police, their welfare and effectiveness’. The main enabler of corruption, abuse of power and misconduct is entrenched impunity, especially for higher ranked officers. 

Furthermore, no other organisation or authority is given the full power to investigate its own allegations and abuse, and to subsequently decide on the penalties. The idea that a purportedly independent body (which could be staffed by members of the police) should investigate misconduct and then refer all findings back to the police to review and decide IF they agree with the findings and what punishments to mete out on their colleagues is a far cry from “independence”.

We must not forget the sheer number of deaths in custody and the recent corruption scandals involving members of the police in the Sungai Buloh gambling protection racket. C4 Center has in the past reported the startling number of businesses that serving and retired members of the police (including an ex-IGP) are involved in, and the conflict this poses in the objectivity of their job. In all the years of trusting police to investigate their own misconduct, the number of deaths in custody has piled up and the infamous “settling” of offences has not been deterred.

With such a limited scope of powers, and a lack of independence, will such a toothless organisation be of any real benefit to protecting the people and helping the police? At the rate this new act is going, maintaining the police oversight function under the EAIC would probably be a more prudent expenditure of taxpayer money.

Once again the people have been taken for a 14 year ride that terminates back at square one, with another bill to pay for. – August 29, 2020.

* Centre to Combat Corruption and Cronyism.

* 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.