THE police force will continue to receive brickbats and criticism from human rights bodies as long as the Independent Police Complaints and Misconduct Commission (IPCMC) has not been set up, activists said.
They told The Vibes that without the IPCMC, the police force will continue to be seen as corrupt.
The comments from these activists came after a string of mishaps involving police officers in recent weeks, the latest being the assault of a disabled man by a police escort to the Johor Regent Tunku Ismail Sultan Ibrahim. That issue was compounded after it was alleged that police had tried to cover-up the case.
Eliminating Deaths and Abuse in Custody Together (Edict) chairman M. Visvanathan said the country will keep on talking about the abuse of power and police misconduct for many years to come until the IPCMC is formed.
The senior lawyer said the current Independent Police Conduct Commission (IPCC) is not strong enough to handle cases of police misconduct.
"It has been more than 20 years that a Royal Commission of Inquiry proposed the establishment of the IPCMC. The RCI comprised a group of eminent individuals who were experts in various fields.
"The RCI even prepared a draft bill for the IPCMC. The first Pakatan Harapan government promised they would introduce the IPCMC but that did not happen," said Visvanathan.
He said the current IPCC will not change public confidence in the police force.
"It will not change anything.”
The IPCMC was first proposed in 2005 with 10 appointed members — including a chairman and deputy chairman, but with the condition that none of them was a serving or former police personnel or a public servant.
The IPCMC members’ appointments by the Yang di-Pertuan Agong was to be on the advice of the prime minister for a maximum three-year term. They can only hold the position for a maximum of two terms in a row. The paid position is revocable by the Agong.
In 2019, then PH government tabled a Bill to set up the independent external oversight body of the police force, an initiative long been demanded by civil society to deal with allegations of police misconduct including custodial deaths.
The government made 24 amendments and scheduled a second reading in October 2019.
The government delayed the second reading of the Bill and referred it to the Parliamentary Special Select Committee for the Consideration of Bills for further review.
However, the government led by then prime minister Dr Mahathir Mohamad collapsed in Feb 2020 before the IPCMC Bill could be tabled for a second reading.
Following the change of administration, the Perikatan Nasional (PN) government introduced a fresh Bill to create an Independent Police Complaints Commission (IPCC).
Coming into force in June 2023, the commission was primarily tasked to consider complaints from the public against the police force and deal with police misconduct. The commission derives its power from the IPCC Act 2020.
Suara Rakyat Malaysia executive director Sevan Doraisamy on the other hand said that Malaysia does not need another case of police misconduct for the IPCMC to be formed.
He said the police force has long lost its credibility and the country needs a body that would act as a check and balance to the force.
“We cannot have the police investigating the police. We don’t need another new case of misconduct before we can implement the IPCMC," Sevan said.
He said under the IPCC every report of misconduct will be handled by the police instead of an independent body, so it is pointless.
“If the Madani government is serious about reforms, do it by establishing the IPCMC.
“It is the government’s fault for not being brave enough to go ahead with the bill.
Aliran president Anil Netto concurred saying that the government has to seriously consider re-tabling the IPCMC.
He agreed that the IPCC is not effective in handling cases of police misconduct, especially those involving high ranking officers.
“Take another look at IPCMC, there has been a lot of feedback, many have commented on the IPCC which is not effective.
“We really need a body that can handle cases including serious ones. IPCC is not going to boost public confidence,” Netto added.
On May 28, a disabled Grab driver who was assaulted by a police outrider was allegedly pressured to settle the case by the police.
He was paid RM800 but later told the media he did not want to settle the matter. He revealed that he was pressured to do so for fear police would confisticate his handphone.
In another incident on May 27, a police corporal who was on patrol with a constable in the Taiping/Changkat Jering zone, had stopped the car on the side of the road to relieve himself when he placed his firearm, a .38 Smith and Wesson revolver, on the boot of the patrol car.
He forgot about the gun after he got into the car and drove away.
On May 17, a police station in Ulu Tiram, Johore was attacked by a self radicalised man armed with a machete and a gun.
Two police officers were killed in the attack. The shooter, whose father was a member of Jemaah Islamiyah militant group, was also killed in the shootout.
Following the incident, Inspector-General of Police Tan Sri Razarudin Husain said CCTV cameras and security lighting would be installed at isolated police stations across the country.
He said police personnel would also be trained to be more prepared for such attacks. – June 5, 2024.
