Independent Police Complaints and Misconduct Commission (IPCMC)

(A COLLECTION OF NEWS, REPORTS, VIEWS, COMMENTS, FOUND ON THE INTERNET)

Why does IPCMC strike fear in Umno-BN?Malaysiakini 9:24AM Jun 7, 2013

YOURSAY 'The police don't want any oversight as that will prevent them doing the biddings of the local and national Umno louts.'

Cabinet studying alternative to IPCMC

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your sayQuigonbond: The cabinet is just dilly-dallying on the issue. Malaysians want the Independent Police Complaints and Misconduct Commission (IPCMC) not because it is a nice sounding name recommended by a former chief justice, but because it is intended to be answerable to Parliament, has resources to recruit crime busters and has investigation and prosecution powers.

What's the point of rejecting the IPCMC then going on to say they will strengthen the existing Enforcement Agency Integrity Commission (EAIC) if by this they would only take the fight half way?

It simply demonstrates confused thinking, which is fairly descriptive of the Najib cabinet right from the start with a pea-brained minister saying the government does not want to affect police morale with a "suspension" only to find two days later, the attorney-general (AG) calling a murder charge, no less, on the suspects.

It appears that public pronouncements have no value in Malaysia, and ministers feel no shame when they can be contradicted left, right and centre.

Ipohcrite: All we have heard so far is that the BN government continues to reject the idea of forming the IPCMC that, by the way, was recommended by a royal commission of inquiry (RCI).

However, BN cannot explain why it is rejecting the IPCMC. Instead, it persists in forming one body after another, which clearly cannot do the job.

I think the government is simply afraid of forming the IPCMC, which would effectively prevent it from subverting the PDRM (Royal Malaysian Police) and get it to do its bidding.

Gerard Lourdesamy: Why not just enhance the powers of the planned IPCMC if the cabinet feels that it is inadequate? The truth is that BN has assured the police that the IPCMC will never be implemented under its watch.

Why not then consider an agency like the Central Bureau of Investigation (CBI) in India that has powers of investigation and prosecution over a wide range of crimes, including custodial deaths?

And have a chief prosecutor independent of the AG with his own prosecution officers to carry out prosecutions in court or with the power to instruct counsel from the Bar. There can be an internal oversight body for the agency.

And the entire agency can be answerable to Parliament through a select committee (PSC). The proposed body can also advise the Police Force Commission (PSC) on disciplinary issues and recommend action to be taken.

If there is failure then the PSC can step in and order the PFC to take action. The new body must operate under minimum supervision by the home minister.

Sarajun Hoda: BN leaders just don't learn. PM Najib Razak lies when he says he listens to the people. Does he? If he does, why is he not doing anything that the public demand?

Any person causing death must be charged for murder, police or not. The police's reputation has been plunging a long time ago. Today, it is so low today that it is reaching the earth's crust.

Why do the people hate BN so much? The cabinet ministers don't have the intelligence to understand this - the dumb ones are always trying to play smart.

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Apa Nama: As usual, the lip service continues. This is feet dragging by the cabinet. Meanwhile, more individuals will lose their lives in the police lock-up.

There is no better alternative than the IPCMC. But they simply do not want it implemented.

Ruhaizan Muhd Fikri: Why is Umno-BN so afraid to set up the IPCMC? Is it because it has some evil agenda? It looks like they do not care for the safety and the well-being of the rakyat anymore.

Wildboar: IPCMC is recommended by the RCI. Is the cabinet committing treason by rejecting it?

MockingYou: Yes they are, Wildboar. Only thing is they are too stupid to realise the power invested in RCIs.

To make matter more interesting, an ex-judge is asking for a Treason Act, which is very good to nail all of them going directly against the king and indirectly against all the Malay rulers.

Amused Malaysian: Health Minister S Subramaniam cannot give a straight answer as he has no clue as to what is happening.

The police don't want any oversight as that will prevent them doing the biddings of the local and national Umno louts.

Not having the IPCMC is a win-win for the police and Umno, and a lose-lose for the rakyat.

Abasir: Based on what Subramaniam is saying, the cabinet is not interested in stopping the killings in lock-ups, only in "coming to the conclusion regarding the cause of death."

Now does everyone realise why Najib wanted the custodial killings item to be removed from Hindraf chief P Waythamoorthy's blueprint.

The above is a selection of comments posted by Malaysiakini subscribers.

Cabinet under fire for rejecting IPCMC

K Pragalath | June 7, 2013

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Groups such as Suaram and the Malaysian Bar say the EAIC is inadequate to conduct investigations on issues relating to the Police.

PETALING JAYA: The Cabinet’s decision to opt for the Enforcement Agencies Integrity Commission (EAIC) and other mechanisms instead of the Independent Police Complaints and Misconduct Commission (IPCMC) has come under fire.

Human rights organisation Suaram coordinator R Thevarajan said EAIC is incompetent to investigate custodial deaths because the commission is understaffed and lacks the power to prosecute.

“EAIC chief executive officer, Nor Afizah Hanum Mokhtar admitted that only one investigating officer was assigned to probe 19 agencies.

“She also admitted that EAIC needs an annual budget of at least RM25 million, 10 investigating officers and 10 research officers,” he said.

“The root issue of EAIC is the absence of prosecution power. It only has the power to investigate complaints and the findings of its investigation will be referred back to the police force,” he added.

He said this in response to Health Minister Dr S Subramaniam’s announcement yesterday that the Cabinet is looking at other options instead of implementing the IPCMC.

The decision to maintain the EAIC was made by Prime Minister Najib Tun Razak.

From 1999 until 2009, 2,571 have died in custody. In the past 11 days, three more deaths were recorded.

Bar Council president Christopher Leong also criticised EAIC because it was overseeing too many agencies.

“EAIC has up to 19 agencies to oversee whereas IPCMC would be dedicated specifically on the police. It would not solely concentrate on custodial deaths,” he added.

Leong said that the IPCMC was important because the police force is the biggest enforcement agency that has daily contact with the public.

Support for the IPCMC also came from politicians across the divide.

“This country desperately requires the IPCMC after years of missteps and wrongful acts involving the police such as deaths in custody or trigger-free officers on the ground,” said Gerakan acting president Chang Ko Youn.

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“We cannot ignore the wishes of the rakyat who want a police force that is efficient, transparent and accountable. The IPCMC will be a sure step in ensuring this happens,” he added.

He hoped that the formation of the IPCMC would boost the morale of the police.

Penang Deputy Chief Minister P Ramasamy meanwhile criticised the Cabinet’s decision.

“The government is ignoring the Indian community who have been most affected recently. The police now will have more power to abuse and people’s rights are no longer protected,” he said.

On another note, Leong welcomed the call for a permanent coroner’s court.

“The Malaysian Bar has always been consistent in its call for a specialised coroners court and state coroners. The appointed coroners must be specially trained to conduct inquests,” he said.

Leong said this in response to Home Minister Ahmad Zahid Hamidi’s announcement that a permanent coroner’s court would be formed to handle inquests over custodial deaths.

“Previously we had the coroner’s court on ad hoc basis but I think there should be one that is permanent if there is (an increase) in such cases.

“Why not make the ad hoc court permanent, because the police are not the only organisation involved in such cases. I think other agencies could also be answerable to the court in matters of such nature,” Zahid was quoted as saying.

IPCMC now: Don’t play dumb and deaf

Suaram is dissatisfied with the way top political leaders respond when questioned about the formation of the Independent Police Complaints and Misconduct Commission (IPCMC). It is disgraceful how the government and the Royal Malaysian Police continually refuse to set up the IPCMC.

The rhetoric employed is weak and simplistic and framing their arguments in such a narrow context only serves to compound the Rakyat’s ignorance on the importance of an oversight body such as the IPCMC.Suaram would like to again highlight the urgent need for reform in the Royal Malaysian Police, starting with the formation of the IPCMC, which would go a long way in ensuring that the police are held accountable for their actions when discharging their duties.

In the wake of C Sugumaran’s death in police custody, with all evidence pointing to police brutality as the cause of death, setting up the IPCMC is the right thing to do. Continual refusal to do so could be seen as tacit approval by the government of the police’s apparent tactic of choice, torture to extract confessions.Why is the IPCMC so crucial?

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The IPCMC is modeled on international best practices. The reality is that the Malaysian police force is viewed as corrupt, inefficient and abusive. The deaths in custody, police shootings and ongoing police misuse of power still continue and the government has no political will to reform the police force. The IPCMC will ensure that the reputation of the police will no longer be tainted by improper conduct or false accusations.

Thus the IPCMC should be viewed as the greatest opportunity for the police to regain the trust and confidence of the Malaysian people. It is necessary to set up the IPCMC to ensure that complaints against police could be addressed with independence and impartiality.

It is high time for the government to implement its own findings initiated through the Royal Commission and make a stand in reforming its police force by implementing IPCMC without any further delay. This nine years pending implementation would restore public confidence and trust in the police force.

Will the Cabinet today decide or dilly-dally on IPCMC?

All eyes are on the Cabinet this morning – will the Cabinet decide or dilly-dally on the issue of an Independent Police Complaints and Misconduct Commission (IPCMC)?

The issue of IPCMC was first proposed by the Dzaiddin Royal Royal Police Commission eight years ago in 2005 as the most important of its 125 recommendations to create an efficient, incorruptible, professional and world-class police force, with even the Prime Minister at the time, Datuk Seri Abdullah Ahmad Badawi publicly pledging to implement the IPCMC recommendation.

It was the then UMNO Youth leader, Datuk Seri Hishamuddin Hussein, who later became Home Minister, who led the opposition to the establishment of the IPCMC, teaming up with the then police leadership to force Abdullah to backtrack and finally scuttle the IPCMC proposal. Instead an ineffective Enforcement Agency Integrity Commission (EAIC) was substituted.

Did the new Home Minister, Datuk Seri Zahid Hamidi, who was a Deputy Minister in the first Abdullah administration 2004-2008, support or oppose the IPCMC at the time.

The IPCMC was one effective proposal to address the high rate of deaths in police custody, with 80 cases from January 2000 to December 2004, or an annual average of 16 deaths in police custody in those five years – which was regarded as unacceptably high.

Unfortunately, the scandal of deaths in police custody have worsened after the Dzaiddin Report. The rate of deaths in police custody has increased albeit slightly in the eight and a half years since the IPCMC Report – with 141 deaths from January 2005 to May 2013 (with three deaths in just 11 days in the first month after the 13th general elections on May 5) or a higher annual average of 16.6 deaths since the Dzaiddin RCI report.

Zahid is now playing “Tai Chi” by stating that his ministry is “open” to the setting up of IPCMC but asks for time to study public feedback to such a proposal.

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There is no need for any more study as I do not believe there is any subject which had been more studied, whether by the Cabinet or the police force in the past eight years than the IPCMC proposal. Or is the intention to study the IPCMC proposal “to death”?

Let the Cabinet set up a Cabinet committee which is given two weeks to submit final recommendations to the Cabinet on June 19 for the acceptance and implementation of the IPCMC proposal – so that the Cabinet policy decision could be announced as part of the spate of new government policies and proposals in the Royal Address in Parliament on June 25.

Alternatively, the Cabinet should agree today to allow MPs to have a free vote on the IPCMC proposal in the first meeting of the 13th Parliament which is to meet for 16 days from June 24 to July 18.

This is why the Pakatan Rakyat Leadership Council at its meeting on Monday has set up a six-member IPCMC Parliamentary Task Force to spearhead the establishment of the IPCMC in the 13th Parliament.

The establishment of the IPCMC can become a reality if there are 23 Barisan Nasional MPs who are prepared to join the 89 Pakatan Rakyat MPs to support the establishment of the IPCMC when the 13th Parliament starts its meeting on June 24.

MIC, which has four MPs, has declared its support for IPCMC. MCA Vice President, Gan Peng Sieu has said that MCA supports IPCMC. Can we expect the seven MCA MPs to support the IPCMC proposal in Parliament?

With the support of 4 MIC MPs and 7 MCA MPs, all that is needed for IPCMC to become law and for an end to the scandalous deaths in police custody in Malaysia is another 12 votes from the other Barisan Nasional MPs. Is this an impossible dream?

The six MPs in the Pakatan Rakyat IPCMC Parliamentary Task Force are:

M. Kulasegaran (DAP – Ipoh Barat)Gobind Singh Deo (DAP – Puchong)N. Surendran – (PKR – Padang Serai)Shamsul Iskandar – (PKR – Bukit Katil)Mohamed Hanifa Maidin – (PAS – Sepang)Siti Mariah Mahmud – (PAS – Kota Raja)

We welcome the 133 Barisan Nasional MPs forming a similar IPCMC Parliamentary Task Force to work in tandem with the PR IPCMC Parliamentary Task Force to see the establishment of IPCMC.

I have asked Kulasegaran as the most senior MP to convene the first meeting of the PR IPCMC Task Force as immediately as possible.

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Malaysians wants IPCMC to end deaths in custody as they have no confidence in any police special committee even if it is headed by the IGP himself

The announcement by the Bukit Aman management director Mortadza Nazarene that the police will be setting up a special committee headed by the Inspector-General of Police Tan Sri Khalid Abu Bakar to curb incidents involving deaths in police lock-ups is totally unsatisfactory and completely unacceptable, as what Malaysians want is an Independent Police Complaints and Misconduct Commission (IPCMC) as recommended by the Dzaiddin Police Royal Commission of Inquiry eight years ago in 2005 to put an end once and for all to the scandalous and endless spate of deaths in police custody.

After demonstrating himself in his first week as the most “political” IGP in history whose first priority is to protect the regime rather than the safety of Malaysians from crime and fear of crime, with scant regard to the human rights of Malaysians to freedom of speech and peaceful assembly, Malaysians have no confidence in the IGP or in any police special committee even if it is headed by the IGP to put an end to deaths in police custody.

Khalid had been the Deputy IGP since April 2011 and Malaysians are entitled to know what he had done the past two years as the No. 2 in the police force to put and end to deaths in police custody, a scandalous state of affairs which had been highlighted by the Dzaiddin Police Royal Commission of Inquiry way back in 2005?

Even now, despite another two deaths in police lockups – N. Dharmendran, 32, at the KL police headquarters on May 21 and R. Jamesh Ramesh 40 at the Penang police headquarters on May 26 – the police announcement appears to be more of a PR or public relations exercise, as the setting up of the special police committee had not been done but is still in the future tense!

How many deaths in police custody have occurred in the past eight years since the report and recommendations of the Dzaiddin Police Royal Commission of Inquiry in 2005?

Is the police prepared to make public a full list of deaths in police custody in the past eight years since the Dzaiddin Police RCI report, stating in each case what action had been taken by the police, including punitive actions against the errant police personnel concerned?

Mortadza talks about the police allowing visits from the Human Rights Commission of Malaysia (Suhakam) as a check against incidence of death in police custody.

This is a meaningless gesture when there has not been a single Suhakam Commissioner for more than a month since the expiry of the term of appointment of the last batch of Suhakam Commissioners.

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As IGP and Chairman of the special police committee on deaths in police custody, is Khalid prepared to spearhead a campaign for the establishment of IPCMC to provide effective check on all forms of police abuses? If so, Khalid will have the full co-operation of the 89 Pakatan Rakyat MPs.

(Media Statement in Kuching on Tuesday, May 28, 2013)

With third police custody death in 11 days, police should stop gallivanting with UMNO/BN fairy tales like “Red Bean Army” but get down to business to focus all resources to roll back the wave of crime and fear of crime as well as check police indiscipline to end deaths in police custody

Even before the settling down of the public furore over the death of N. Dhamendran, who according to a preliminary post-mortem report was defencelessly beaten to death while handcuffed sustaining 52 marks of injury throughout his body, ranging from head to toe, the country has been shocked with the news of a third death under police custody in eleven days.

P. Karuna Nithi was found unconscious by policemen on duty at the Tampin police lock-up at around 6.30 p.m. Saturday and pronounced dead by paramedics from the Tampin hospital who arrived on the scene.

With the third police custody death in 11 days, the police should stop gallivanting with Umno/BN fair tales like the fictitious DAP-funded “Red Bean Army” of 2,000 to 3,000 cybertroopers with a budget ranging from RM100 million to RM1 billion in the past six years, but to get down to business to focus all resources to roll back the wave of crime and fear of crime and restore public confidence by checking police indiscipline and ending cases of deaths under police custody.

The public has no confidence in any internal police investigation into deaths in police custody, even if it is a special committee headed by the Inspector-General of Police, Tan Sri Khalid Abu Bakar, and this is why the time has come to revive the Independent Police Complaints and Misconduct Commission (IPCMC) proposed by eight years ago by the Police Royal Commission of Inquiry headed by former Chief Justice Tun Dzaiddin and former Inspector-General of Police Tun Hanif Omar and established under the premiership of Tun Abdullah.

The Dzaiddin RCI recommended the IPCMC to ensure an effective external oversight body to ensure police compliance with doctrines, laws, rules and procedures as history of police systems world-wide have shown that internal mechanisms alone are inadequate, unreliable and frequently ineffective.

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In recommending the IPCMC, the RCI report said:

“Police culture is often inward-looking and closed and mindsets are usually resistant to change. Changes in leadership can also lead to changes in commitment to service excellence, discipline and performance.

“Society cannot therefore rely on internal mechanisms alone to ensure PDRM effectively implements and abides by rules and regulations.

“The establishment of an external oversight body for PDRM would be a profoundly important development in the governance of this important organization.

“It will mark a quantum step forward in enhancing accountability and help restore and sustain the confidence of the people and the private sector in PDRM.”

The country has wasted eight years in failing to implement the IPCMC proposal of the Dzaiddin RCI as the substitute Enforcement Agency Integrity Commission (EAIC) have proved to be a complete failure in achieving the role of a “quantum step in enhancing accountability and help restore and sustain the confidence of the people and the private sector in PDRM”.

The Pakatan Rakyat leadership council which will meet in Kuala Lumpur tomorrow will discuss whether Pakatan Rakyat MPs should press for the establishment of IPCMC when the 13th Parliament opens on June 24.

Pakatan Rakyat has 89 MPs in the 13th Parliament. Is it possible to secure the support of at least 23 BN MPs to support the establishment of the IPCMC?

MIC has called for the establishment of IPCMC. Is this the official stand of the MIC and the four MIC MPs? If so, is it possible to get another 19 BN MPs to support the passage of an IPCMC Bill in the 13th Parliament?

This will be worth consideration by the PR Leadership Council tomorrow.

Lim Kit Siang

Paul Low: No need for IPCMC, just go to EAIC

There is no need for a formation of an Independent Police Complaints and Misconduct Commission (IPCMC) as there is already an exisiting mechanism to lodge complaints against police, said Minister in the Prime Minister's Department Paul Low.

Low said the Enforcement Agency Integrity Commission (EAIC), an

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independent oversight body on law enforcement agencies, also looks into complaints into misconduct by police officers.

"We already have the channels," he told reporters in Kuala Lumpur today.

In view of this, Low urged the family of death in custody victim N Dharmendran - who died on May 21

- to lodge a report with the EAIC so an independent probe can commence.

Low conceded that it is possible that the public may be confused over which agency they should complain to, thus he promised to look into setting up a unified centre to receive complaints, which will later forward complaints to the relevant agencies.

He said this will also help in cases where a complainant is "not comfortable" with reporting to the police.

Have both internal and external probeLow also promised to raise the proposal by the Bar Council to establish a dedicated Coroners' Court with the de facto Law Minister Nancy Shukri.

"This could provide a fair (hearing) for both the police and the victim," he said.He added that in Dharmendran's case, Home Minister Ahmad Zahid Hamidi has assured him of a thorough and fair probe.

Asked if this is a conflict of interest, Low said that there is value in having both an internal probe by the police and an independent one by the EAIC.

"They can compare notes after that," he said.

Dharmendran's case is cited as among the more severe custodial death cases, with staples found on the victim's body.

The post-mortem procedure revealed that he died from blunt force trauma.

His family claims he went to the police station to report a fist fight he was involved in, but police say they arrested him upon suspicion of involvement in a shooting case.

The personnel being investigated for his death have been given desk duties pending investigation.

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Bar Council, Suaram insist on IPCMC despite EAIC probe

File

photo of relatives and friends mourning at Dharmendran’s funeral in Kuala Lumpur last month. The

EAIC says it will now conduct an investigation into Dharmendran’s death in police custody.KUALA

LUMPUR, June 6 — The Bar Council and human rights group Suaram pressed

today for a police oversight body to be formed despite the Enforcement Agency

Integrity Commission (EAIC) launching investigations yesterday on deaths in

custody.

Bar Council president Christopher Leong insisted that the Independent Police

Complaints and Misconduct Commission (IPCMC) was necessary, pointing out

that even if the EAIC were to be given disciplinary powers, it had too many

enforcement agencies under its purview to be effective.  

“What is required is a dedicated complaints and misconduct commission with

respect to the police because the police are the biggest enforcement agency in

the country,” Leong told The Malaysian Insider today.

The EAIC, which investigates complaints of misconduct against the police force

and 18 other enforcement agencies, can only make recommendations to the

disciplinary authority of the relevant enforcement agency upon completion of

investigations.

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“The police may or may not come to the same result of the EAIC investigations

and therefore reject the EAIC’s recommendation,” said Leong.

The EAIC announced its maiden investigations yesterday into the custodial

deaths involving N. Dharmendran and R. Jamesh Ramesh, both of whom died in

police custody recently. The latter died on May 26 while detained at the Penang

police contingent headquarters.

Three police officers were charged yesterday with Dhamendran’s murder, about

two weeks after the 32-year-old former lorry driver was beaten to death on May

21 while under remand at the city police contingent headquarters here.

“The Bar welcomes and commends the Attorney-General on his decisive and

swift action in bringing charges against the police officers,” said Leong.

Suaram co-ordinator R. Thevarajan similarly said the IPCMC was needed

because of its disciplinary powers, besides criticising the EAIC for not taking the

initiative to investigate previous deaths in custody. 

“To build confidence of the people, they should be proactive,” Thevarajan toldThe

Malaysian Insider today.

EAIC chief executive Nor Afizah Hanum Mokhtar said recently that the

commission did not investigate previous death in custody cases because of a

lack of manpower. 

She noted that the EAIC has only one investigating officer and an annual budget

of RM7 million.

DAP adviser Lim Kit Siang stressed today that the IPCMC was “more

empowered” to deal with gross abuse of power in the police force.

“The very fact that the EAIC took so long to say it has powers shows that it has

inhibitions,” Lim told The Malaysian Insider.

“Every case of a police death in custody must be investigated, whether it’s the

EAIC or IPCMC or a public body,” added the Gelang Patah MP.

MIC strategic director S. Vell Paari also highlighted the EAIC’s “shortfalls”, such

as its inability to impose disciplinary action on police officers found guilty of

misconduct.

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“If they say it’s got to be EAIC, how are you going to rectify the shortfalls? What

are we going to do to boost the EAIC to give them similar powers? That’s what

we want to discuss,” Vell Paari told The Malaysian Insider today.

Vell Paari said he and several NGOs would discuss the matter tonight before

their meeting with Minister in the Prime Minister’s Department Datuk Paul Low

tomorrow. 

Low told The Malaysian Insider last Tuesday that the IPCMC proposal would be

discussed at the Cabinet meeting yesterday.

According to Suaram, there were over 220 cases of alleged deaths in custody in

Malaysia from 2000 to May, with its records showing that nine of those cases

occurred in 2012 while eight cases took place this year, including Dharmendran’s

and Jamesh Ramesh’s deaths.

A United Nations Working Group on Arbitrary Detention 2010 visit to Malaysian

prisons and detention centres reported in 2011 that between 2003 and 2007,

“over 1,500 people died while being held by authorities.”

The Malaysian Bar, civil society groups and several politicians from both sides of

the divide have called for the IPCMC to be implemented to reform the police

force since 2006.

The IPCMC, which was mooted by a royal commission chaired by former Chief

Justice Tun Mohamed Dzaiddin Abdullah but shot down by the police, was to be

modelled on the United Kingdom’s Independent Police Complaints Commission

(IPCC), as well as other police oversight bodies in New South Wales and

Queensland in Australia, and Hong Kong.

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Monday, June 3, 2013

Enforcement oversight body has just one officer to investigate 19 agencies, says CEO

Nor

Afizah Hanum says the EAIC has not received any complaints on deaths iPUTRAJAYA, June 4

— The Enforcement Agency Integrity Commission (EAIC) has acknowledged it is

hamstrung by only having one investigating officer to probe complaints of

misconduct against 19 enforcement agencies, as public outcry grows over

deaths in police custody. 

It also has an annual budget of just RM7 million.

EAIC CEO Nor Afizah Hanum Mokhtar said the commission has 23 staff

members, including the investigating officer, clerks, a driver, legal adviser,

administrative officer and an operations director. 

“We have very limited manpower,” Nor Afizah Hanum told The Malaysian

Insider in an exclusive interview at her office here yesterday. 

“We had six investigator posts that we got from MACC. They withdrew five on

16th May,” she added, referring to the Malaysian Anti-Corruption Commission

(MACC).

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Amid the outcry over recent deaths in police custody, there has been growing

calls from the opposition and the Bar Council for the government to set up an

Independent Police Complaints and Misconduct Commission (IPCMC).

The Malaysian Bar, civil society groups and several politicians from both sides of

the divide have called for the IPCMC to be implemented to reform the police

force since 2006.

The IPCMC, which was mooted by a royal commission chaired by former Chief

Justice Tun Mohamed Dzaiddin Abdullah but shot down by the police, was to be

modelled on the United Kingdom’s Independent Police Complaints Commission

(IPCC), as well as other police oversight bodies in New South Wales and

Queensland in Australia, and Hong Kong.

Speaking to The Malaysian Insider yesterday Nor Afizah Hanum said the sole

investigating officer remaining at the EAIC also came from the MACC and has 11

years’ experience as an investigator.

The MACC, in contrast, has a budget of RM276 million this year and will receive

an additional 150 posts annually to boost its manpower from 2,500 staff to 5,000,

English daily The Star reported last September.

The EAIC, which was set up in April 2011, investigates complaints of misconduct

against the police force, the Immigration Department, the Customs Department,

the Rela Corps, the National Anti-Drug Agency, the Malaysian Maritime

Enforcement Agency, the Department of Environment, the Department of

Occupational Safety and Health, the National Registration Department (NRD),

the Department of Civil Aviation, the Road Transport Department (RTD), the

Department of Industrial Relations, the Department of Fisheries, the Department

of Wildlife and National Parks, the Manpower Department, the Health Ministry

(Enforcement), the Tourism Ministry (Enforcement and Licensing units), the

Domestic Trade, Co-operatives and Consumerism Ministry (Enforcement) and

the Ministry of Urban Wellbeing, Housing and Local Government (Enforcement).

Nor Afizah Hanum said the EAIC needed an annual budget of at least RM25

million, as well as at least 10 investigating officers and 10 research officers.

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“We hope to expand till 78 personnel... we have a requirement for research

officers to work in a taskforce to study rules and procedures and do visits to lock-

ups, prisons,” she said. 

Nor Afizah Hanum says the

EAIC only has one investigating officer and an annual budget of RM7 million.She added that the

EAIC has received 469 complaints as of May 31 this year since it was formed in

2011, with 353 complaints against the police. Twenty-one complaints were

lodged against the Immigration Department, 15 against the RTD, 10 against the

Ministry of Urban Wellbeing, Housing and Local Government, and nine against

the Customs Department. 

She said the EAIC, however, has yet to receive complaints of deaths in custody,

police shootings or assault by enforcement officers.

“We haven’t received complaints of a criminal element,” said Nor Afizah Hanum. 

She added that the complaints ranged from police inaction on cases, inaction of

immigration authorities against illegal immigrants, a policeman having an affair

with someone else’s wife, or the NRD revealing one’s personal particulars to

another party without consent.

The former Sessions Court judge said investigations were opened for 124 out of

469 complaints, with one case resulting in a recommendation of disciplinary

action against the police. 

In that case, a complaint had been lodged against a police officer mid-last year

for closing a case after three days. 

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“We recommended for him to be demoted,” she said, adding that she was unsure

if the police had implemented the EAIC’s recommendation.

According to human rights group Suaram, 218 cases of alleged deaths in

custody in Malaysia took place from 2000 to this month, with its records showing

that nine of those cases occurred in 2012, while eight cases occurred so far this

year.

The latest death in custody was of P. Karuna Nithi, 43, in the Tampin police

station lock-up last Saturday, just 11 days after N. Dharmendran, 32, was beaten

to death on May 21 while under remand at the city police contingent

headquarters in Kuala Lumpur.

The Home Ministry reportedly told Parliament last October that 298 people were

shot dead by the police between 2007 and August 2012, including 151

Indonesians and 134 Malaysians, which is an average of one deadly shooting a

week.

A United Nations Working Group on Arbitrary Detention 2010 visit to Malaysian

prisons and detention centres reported in 2011 that between 2003 and 2007,

“over 1,500 people died while being held by authorities.”

Custodial death: Govt urged to table bill to set up IPCMCFirst Published: 7:43pm, Jun 03, 2013 Last Updated: 7:43pm, Jun 03, 2013

Nationby Chen Shaua Fui

 

PETALING JAYA (June 3): Civil society has urged the government to table a bill to establish the Independent Police Complaints and Misconduct Commission (IPCMC) in the next Parliament sitting to end custodial torture and deaths. "We cannot condone another death in custody. We cannot allow the police to investigate their peers as it has not brought about accountability but instead an increase in deaths. It

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is clear that the IGP and the Home Minister have failed miserably in dealing with deaths in custody," Tenaganita executive director Dr Irene Fernandez said in a statement today. She pointed out that eight years ago, in 2005, the Royal Police Commission in its report recognised deaths in custody as "a serious cause for concern".  Though the laws provided for a mandatory inquest for deaths in custody, such a procedure has not been followed.  The Royal Police Commission concluded "that the current provisions for inquiry into deaths in police custody in the Criminal Procedure Code had serious gaps in its clauses that required greater transparency and an accountable process".   The Commission also recommended for a code of practice for arrest and detention of persons including the care of every detainee.  "Yet to date, there is a lack of response for change in ensuring the safety and security of detainees. As a consequence of such omissions and commissions, we have persons in their prime age, losing their lives while the persons responsible are not made accountable," Fernandez said. In the past 11 days, three people have died in police custody. N Dhamendran died at the Kuala Lumpur police headquarters lock-up on May 21, followed by R Jamesh Ramesh who was found dead at the Penang police headquarters on May 26 while 42-year-old former engineer P Karuna Nithi died while in police custody in Tampin on May 30. In the first five months of 2013, eight have died while under police custody.  Fernandez also urged the government to ratify and implement immediately the UN Convention Against Torture to reflect its political will to ensure citizens are free from torture by state and non-state actors.  "The path to gain confidence is to ensure accountability without compromise on fundamentals of rights of persons and establishing preventive measures to end death and torture in custody," she said. Meanwhile, MCA Youth has called for a review on existing mechanisms to resolve the increasing spate of deaths in custody. "In the long run, the government should also look into implementing proper mechanisms and institutions to protect the basic human rights of police detainees," said its youth education bureau chairman Chong Sin Woon in a statement today. "Having three deaths in less than two weeks is detrimental to the credibility of our police force, and as such we cannot afford to leave these cases unresolved," he said. Although Home Minister Datuk Seri Ahmad Zahid Hamidi's proposal to centralise all detention centres to prevent more custodial deaths is a practical option, MCA Youth

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pointed out that it won't make any difference if no reforms are carried out within the existing mechanisms and procedures. "Our Federal Constitution ensures that all Malaysians are to be protected from having their basic rights abused and violated and that we have various law enforcement agencies to ensure this. Thus, the fact that it is our very own law enforcement agencies which are forsaking this responsibility of theirs makes it very unforgivable indeed," said Chong. Meanwhile, the DAP secretary-general Lim Guan Eng said that only the establishment of an IPCMC can prevent needless custodial deaths. "Whilst some of the custodial deaths may be due to natural causes, the public will continue to have grave suspicions in police interrogation methods unless the police were not only clean, but seen to be clean," he said in a statement today. He said that only a transparent and accountable mechanism which is available by establishing the IPCMC, can restore public confidence and reassure the public that detainees in police custody will be safe.  "Otherwise, the public will have recurring nightmares that should any of their loved ones be placed in police custody, they may walk not necessarily walk out alive."

Read more: http://fz.com/content/custodial-death-govt-urged-table-bill-set-ipcmc#ixzz2VVVFOqkI

Low to raise IPCMC issue at Cabinet Tuesday, June 4, 2013

NGOs and other Indians leaders would postpone the proposed rally against deaths in custody pending response from the government.

PETALING JAYA: The motion to establish the Independent Police Complaints and

Misconduct Commission (IPCMC) will be raised in the Cabinet meeting tomorrow, said

MIC central working committee member S Vell Paari.

The MIC leader said that this was a commitment made by Minister in the Prime

Minister’s Department Paul Low, during a meeting with several NGOs and Vell Paari

earlier today.

“Low is committed to bring the IPCMC issue for discussion and he will try to get support

from the Cabinet.

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“As for me, I will also speak to the two MIC ministers and my party for action to be

taken,’ said Vell Paari.

In the past five months, a total of eight deaths in custody have occurred throughout the

country, raising public anger against the police.

On May 21, Indah Water employee N Dhamendran, 32, was found dead at the Kuala

Lumpur police headquarters after he went there to lodge a police report.

Although the police claimed that Dhamendran died due to asthma attack, post mortem

report revealed that he died due to the presence on multiple injuries on him.

The most recent case happened on Saturday, when security guard P Karunanithi was

found dead at the Tampin police headquarters. The police classified the case as

“sudden death”.

Vell Paari said that Low was told that the public are livid on the recent cases of deaths in

custody and they wanted immediate action.

“I also want firm action taken against policemen who are involved in these deaths to

show that the government is serious about the matter,” he said.

Vell Paari added that anti-crime NGO, MyWatch advisor S Gobi Krishnan had pointed

out to Low that between 2000 and 2010, 122 people have lost their lives while in

custody.

“And Gobi said that it was baffling that the police are not willing to let themselves to be

investigated when they have all powers to probe the rakyat,”he said.

Vell Paari also said that Low was told on the difference between the existing

Enforcement Agency Integrity Commission (EAIC) and the IPCMC.

“The EAIC has no power to take action against the police and they are also bound under

the Official Secrets Act (OSA).

“However, the IPCMC will have full power as the commission members are appointed by

the King and they report to the Parliament. This will make the commission more reliable

in discharging its duties,” he said.

Pending response from the government, Vell Paari said that the NGOs have promised to

postpone the proposed rally against deaths in custody.

The NGOs present in the meeting were Malaysian Indian Progressive Association

(MIPAS), WargaAMAN, Respect All Religions and Race (RARE), Federation of

Malaysian Indian Organisations (PRIMA), People’s Welfare and Rights Association

(POWER) and others.

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Thursday, May 30, 2013

Paul Low: No need for IPCMC, just go to EAIC

There is no need for a formation of an Independent Police Complaints and Misconduct Commission (IPCMC) as there is already an exisiting mechanism to lodge complaints against police, said Minister in the Prime Minister's Department Paul Low.

Low said the Enforcement Agency Integrity Commission (EAIC), an independent oversight body on law enforcement agencies, also looks into complaints into misconduct by police officers.

"We already have the channels," he told reporters in Kuala Lumpur today.

In view of this, Low urged the family of death in custody victim N Dharmendran - who died on May 21 - to lodge a report with the EAIC so an independent probe can commence.Low conceded that it is possible that the public may be confused over which agency they should complain to, thus he promised to look into setting up a unified centre to receive complaints, which will later forward complaints to the relevant agencies.

He said this will also help in cases where a complainant is "not comfortable" with reporting to the police.Have both internal and external probeLow also promised to raise the proposal by the Bar Council to establish a dedicated Coroners' Court with the de facto Law Minister Nancy Shukri.

"This could provide a fair (hearing) for both the police and the victim," he said.He added that in Dharmendran's case, Home Minister Ahmad Zahid Hamidi has assured him of a thorough and fair probe.

Asked if this is a conflict of interest, Low said that there is value in having both an internal probe by the police and an independent one by the EAIC.

"They can compare notes after that," he said.

Dharmendran's case is cited as among the more severe custodial death cases, with staples found on the victim's body.

The post-mortem procedure revealed that he died from blunt force trauma.

His family claims he went to the police station to report a fist fight he was involved in, but police say they arrested him upon suspicion of involvement in a shooting case.

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The personnel being investigated for his death have been given desk duties pending investigation.

EAIC – A WINDOW DRESSING, LAME DUCK COMMISSION??

Tuesday, 30 June 2009 02:13

By Wong Choon Mei, Suara Keadilan

Opposition Leader Anwar Ibrahim gave his political junior Umno’s Khairy Jamaluddin a good hiding when the latter tried to accuse him of playing the race card.

“We appreciate the vast majority of the police personnel including the vast majority of the Malays but we cannot condone corruption, intimidation, harassment, bullying by Malays, Chinese and Indians,” Anwar told reporters at the sidelines of Parliament.

“I think this is really unfortunate if we have to choose to defend them just because they happen to be Malays.”

The reform icon had earlier crossed swords with the Umno Youth chief over the Enforcement Agency Integrity Commission or EAIC Bill, which the Umno-BN was trying to push through Parliament in place of the Independent Police Complaints and Misconduct Commission or IPCMC Bill.

Anwar is unhappy with the EAIC which does not posses any powers of investigation and has to refer all cases to the public prosecutor, making it a mere complaints bureau rather than an independent body capable of checking police corruption and abuse of power.

He accused the Umno-BN of pushing through the water-down version to shield top-level Malay officers at the force.

“What is the point of making up all this new laws if corruption among enforcement agencies are still not dealt with despite having enough laws to stop it,” said Anwar.

Showy emptiness – Khairy and the EAIC

His stinging remarks drew a heated response from Khairy.

“You are the first to say that the IPCMC was rejected to protect Malay officers. We from the BN side have never once say that. You are the one playing the race issue here,” the Rembau MP said.

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He insisted the government dropped the IPCMC because it did not want to demoralise the police force.

“Are you saying that the EAIC is superfluous? I disagree. The new body is necessary for the government to deal with the very points you have just raised,” the 33-year old insisted.

But despite the heated words and elaborate show of passion, Khairy nevertheless found himself agreeing with Anwar that the EAIC lacked the very powers it needed to deal with corruption and abuse of power in the force.

Now in its second reading, the EAIC is expected to be hammered through and made into law at the end of the current Parliament sitting.

Disgust and frustration at the endemic corruption in the police force was among chief reasons why Malaysians gave Anwar’s Pakatan Rakyat the bulk of the popular vote and control of five states in the 2008 general election.

Said Anwar: “We do recognise the importance of police personnel, we defend their rights. We understand their sacrifices and we want them to succeed but they cannot be held ransom due to the corruption and inefficiency of a few police personnel, that is the major question and we want to know why they are being protected?

“What is at stake? Do we want a professional police force with impeccable credentials?”

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Do we really need the IPCMC? ― Nicholas Chan

The Enforcement Agency Integrity Commission (EAIC) recently rose to infamy

due to the occurrence of a slew of death in custody cases in Malaysia, once

again rallying public outcry for the setting up of the Independent Police

Complaints and Misconduct Commission (IPCMC). Minister in charge of Integrity

and Corruption Paul Low was quick to tout the EAIC as if it were the IPCMC we

never had, reportedly saying we don’t need another independent police oversight

body because the EAIC is actually the IPCMC.

This is a gross mistruth as the powers of the EAIC and the IPCMC as mooted by

the Royal Commission chaired by former Chief Justice Tun Mohamed Dzaiddin

Abdullah are different. The truth is, the EAIC is more of a watered down version

of the IPCMC, a “reform” legacy that is kindly attributed to the retired Tun

Abdullah Ahmad Badawi, although by the time the legislation that enables the

Commission to be form is gazetted, he had already stepped down. 

No doubt both Commissions are mooted for the same vision of curbing police

misconduct and upholding their accountability towards the public, Dzaiddin’s

version of it speaks more drastically of the need to keep our police force in check

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as the Royal Commission report had described the force as “brutal, inept and the

most corrupt among the government departments”.

As such, the Royal Commission deemed it necessary for the IPCMC to have

wider investigation powers, whereby it could initiate or instruct the police to

initiate investigations over reports of misconduct by the police regardless of

whether a public complaint was made. The EAIC does not enjoy this privilege as

it is could only investigate cases of misconduct by law enforcement bodies only

after a public complaint was filed. Hence giving rise to the ironic situation that

until the recent case of Dhamendran whom was allegedly beaten to death in

custody, the EAIC had actually never investigated any case of death in custody

nor police shootings, both known to be hallmarks of police brutality in Malaysia.

But before we jump on this and dance wildly to the all familiar old tune that “the

IPCMC must be established to redeem our once highly acclaimed police force!”,

we must realised that Commissions by itself are rarely the panacea towards the

misfits of a law enforcement body.

The Malaysia Anti-Corruption Commission (MACC) was monitored by five

oversight committees, and yet any palpable changes to the force remained as

elusive as ever. Like the MACC, the IPCMC was routinely cited to be modelled

upon a Hong Kong counterpart, the Independent Police Complaints Council

(IPCC), largely due to the city state’s success in combating corruption and setting

up a modern and professional police force.

Here comes the fun fact: The EAIC is actually more similar to the IPCC rather

than the IPCMC. The IPCC’s major function is to investigate the reportable

complaints and monitor the action taken against the officers and/or force with

respect to such complaints. However, the reportable complaints towards the

Hong Kong police force is first investigated by a branch within the police force,

named the Complaints against Police Force (CAPO). The IPCC will then review

all the investigation reports of the CAPO and is empowered to seek clarification

from CAPO or order a re-investigation of the case if necessary.

Therefore, unlike the IPCMC, the IPCC actually does not contain arbitrary

powers to initiate investigations against police conduct nor the legal prerogative

to pursue action. It serves more as an oversight and advisory council to the

police rather than a disciplinary body. Even the EAIC has wider powers of

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investigation as it could summon witnesses and seize evidences relevant to its

investigation.

So why are we envious of the Hong Kong’s IPCC when in fact we have a more

pervasive and powerful one? Or rather the question should be, how can we have

an oversight body with more executive powers but still failed to achieve the police

reforms everybody endears?

Like police brutality, it all boils down to the working culture. A quick research of

the Hong Kong’s IPCC would have revealed their fantastic housekeeping and a

culture of accountability. Annual reports, breakdown of number of cases

investigated, nature of cases and the follow up actions taken on the cases are all

available for the public’s scrutiny.

It would appear that the Commission is not just at work but is also proud of the

work they do. This is what integrity, transparency and most importantly,

competency is about.

As for our home-grown contender, the EAIC, the name does not even ring a bell

until we have three deaths in custody cases in a short sprint of 11 days. There

are no annual reports available at the commission’s website despite it is already

the second year of the Commission’s inception and until a recent report by The

Malaysian Insider, we would have no idea what the EAIC has been doing all

along. How can a body that is established with the purpose of holding the police

accountable to the public be effective if it itself is not accountable to the public?

So, in the end, the primary ineptness of the EAIC is not about its lacking of

investigation officers (it used to have six, until recently there is only one left) or a

bigger operating budget, as claimed by EAIC CEO Nor Afizah Hanum Mokhtar. A

RM7 million annual budget should be enough for a body of 22 employees (as

counted through the directories of its official website) and six Commissioners.

Using a rather generous estimate, putting RM1.5 million per annum each for

wages and emoluments for the staff and Commissioners, another RM1 million for

the amenities/rental would still leave another RM3 million operating budget per

annum for the Commission.

And by using this estimate, the officers of the Commission are already pretty well

paid; it is only fair that we ask for results.  Out of the 124 complaint cases

investigated by the EAIC, only one resulted in the recommendation of disciplinary

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action towards a police officer, albeit with no follow-up information available on

that recommendation. Based on these results, one would have assumed a stellar

performance for our police force but the Malaysian public would have known

better. Detachment from reality is a dish constantly served in Malaysia.

There is no point of inflating the body in terms of manpower and budget if after

two years of operation; tangible results of any signs are still in the air. More does

not mean more in efficiency, sometimes less is more. Our working and

management culture in the civil service does not seem to get that.

If the same complacency and incompetence is transposed to the IPCMC , if we

ever have one, there is no guarantee that the police watchdog we clamoured for

will be a viscous and biting Rottweiler. It will be a Chihuahua instead.

And by that time, somebody could proudly claim this, that the IPCMC is actually

the EAIC.

IPCMC not an option but a must

Jeswan Kaur | August 21, 2012

How does the IGP explain the never-ending deaths in police lock-ups and the erosion of

faith in the police force? Police chief Ismail Omar is assuring the rakyat that his “men in blue”, that is, the cops are doing a fine job while Umno goons are condemning those who keep criticising the police force.

The issue is not about the people judging the police force; rather it is the shenanigans of the police force that has forced the rakyat to question their effectiveness and why the government is so afraid of setting up the  Independent Police Complaints and Misconduct Commission (IPCMC).

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From rapes and nude squats in police lock- ups to abuse and death of detainees in prisons, the true calling of the police force is being doubted, as the rakyat continue to read of the atrocities taking place in police cells.

Last year, Ismail asked the rakyat to come up with ideas on ways to bring the crime rate down.

He then said the 26 police initiatives under the National Key Result Area had shown some positive results, with the people themselves asking the police how they could play a role in reducing crime.

“This means they are more focused and willing to cooperate with the police for public safety,” Ismail had said.

While the people are willing to work with the police, what is the latter doing in return? How does Ismail explain the never-ending deaths in police lock-ups and the erosion of faith in the police force?

Now, another death in detention has become the talk of the town. On Aug 13, 2012, Cheah Chin Lee, 36, was pronounced dead at the Jalan Pattani Northeast police headquarters in George Town.

The post-mortem report stated that Cheah died as a result of “asphyxia due to hanging” but his family begs to differ; they are questioning why Cheah would hang himself barely five hours in detention.

The family stands firm that Cheah was mentally stable and held a permanent job, leaving Ismail to answer as to why a suspect, upon being detained, dies in the lock-up.

According to police statistics, 147 people have died in police custody between January 2000 and February 2010.

The deaths included 64 Malays while in police custody, with 30 deaths among Chinese detainees, 28 Indians, eight other races, and 14 foreigners.

With the statistics revealing the worst, dare Ismail still claim that “public safety” is the police force’s top most priority?

Atrocities by cops must stop

Even those at the very top are given to abuse, with the former IGP Rahim Noor being one. After giving former deputy prime minister Anwar Ibrahim a black eye in 1998 , Rahim went on to say that Anwar was safe and sound in police custody.

Rahim received “support” from former prime minister Dr Mahathir Mohamad who had the audacity to suggest that Anwar’s injuries were self-inflicted.

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On May 26 last year, FMT reported that a 20-year-old student, S Ganesan, claimed he was beaten up and verbally abused by the police after he knocked into a policeman’s motorcycle at a roadblock in Rembau, Negeri Sembilan, in the early hours of the morning.

“The policeman kept beating me and called me ‘keling’. They also shouted at me, saying I should just die so that they can close the case,” Ganesan was quoted by FMT as saying.

The youngster was then warned not to report the matter before he was bundled into an ambulance and despatched to the Tunku Jaafar Hospital.

Last year, the police once again made news for all the wrong reasons when they forced female Parti Sosialis Malaysia (PSM) activists who were detained to undress in the presence of male police officers.

Thirty-six of its activists were detained on June 25 this year while carrying out their “Udahlah Bersaralah” (Enough already, Retire Now) campaign in Perak, to remind Malaysians of the pitfalls of returning Barisan Nasional to power in the 13th general election.

Complaints of sexual misconduct by police were made by detainees in Kepala Batas, Penang, and Ipoh, respectively and PSM secretary-general S Arutchelvan said a police officer told them they needed six months to investigate the report.

In November last year,  a 39-year-old finance accountant, who had  highlighted her plight of being allegedly molested by a group of 11 policemen seven years ago, found herself in the dock instead, with the charge being related to the incident that took place seven years ago.

Last year, too, the police constable who beat up a 23-year-old suspected car thief, A Kugan, while under police custody in 2009 and which left Kugan dead in custody, was let off the hook by the court.

On June 18, 2008, a cop on duty at the Putra Heights (in Subang Jaya) police station raped a 17-year-old pillion rider after detaining her boyfriend at the police station for riding the motorbike without a licence.

IPCMC is not an option

With the latest death in police custody, the federal government under the Barisan Nasional leadership has run out of excuses to avoid establishing the IPCMC.

The IPCMC is not an option but a must and it is simply a matter of time before pressure mounts on the government to put the IPCMC in place.

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In 2005, a 634-page report by the Royal Commission of Inquiry into the police force, headed by a former judge, revealed that the police were brutal, inept and the most corrupt among the government departments.

Between 1999 and 2003, there were 5,726 formal corruption complaints involving the police force and it was recommended that the police force be monitored by an independent watchdog.

According to a non-governmental organisation, Aastivaram Foundation, between 2003 and 2007, there were 85 custodial deaths. This number excluded those who were shot dead.

“The commission is long overdue. Currently, the police themselves investigate cases of police abuse and I believe they tend to cover up such cases,” the foundation’s vice-president R Sanjeevan had informed FMT.

In the face of such revelations, Home Minister Hishammuddin Hussein continues to dismiss the importance of IPCMC, saying instead the commission is not welcomed as it is not helpful in resolving police abuse cases.

Has Hishammuddin not been “in touch” with the rakyat’s miseries at the hands of the police? Or is the Home Minister scared the IPCMC will uncover the long hidden dirt and scandalise the Royal Malaysian Police?

Or is there a fear too that the IPCMC will force the 205-year-old police force to re-look its motto of “Firm, Fair and Prudent” (Tegas, Adil dan Berhemah), which, after two centuries later, has yet to live up to its name?

Jeswan Kaur is a freelance writer and a FMT columnist

The fence that eats the riceSunday, 12 August 2007 09:06AM©The Sunday Star(Used by permission)Point of view by Tun Hanif Omar

The police force and the Anti-Corruption Agency – two crucial institutionsleading the fight against malpractices and corruption. Yet they are sadlydisappointing in their inability to even clean up their own backyards.TWO once greatly respected institutions have continued to remain notorious,using the word in its plain meaning but over the past 10 years for the wrongreasons.

The first we all know because among the first things that this government didafter the last general election was to convene a Royal Commission from February2004 to enquire why that institution had gone so far down the road ofself-destruct and to make recommendations as to how to enhance again itsoperations and management. That was our Polis Diraja Malaysia (PDRM).

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The Royal Commission Report was released in April 2005. Numerous recommendationswere made but it was the setting up of the Independent Police Commission AgainstMalpractices and Corruption (IPCMC) that was felt to be cardinal to the wholeeffort. It was strongly felt that the rot within the PDRM was so deep-seatedthat an independent, extrinsic monitoring authority was needed to help the IGPand the Police Force Commission steer back the force to the straight and narrow.I briefed the Royal Commission that police corruption was so extensive that avery senior ACA officer had confided in me and another top retired policeofficer that 40% of the senior officers could be arrested without furtherinvestigations – strictly on the basis of their lifestyles. One state policechief had a net worth of RM18mil. My friend and I had watched the force gettingdeeper and deeper into the morass of corruption.

It was the daily talk and the butt of gibes on the golf courses that embarrassedretired police officers no end; yet even we were stunned by this revelation andits implication. Would the force we had served for so long and which had givenus so much experience and such great pride for what we had built it into, bedestroyed in the expected ACA action?

I could not help telling the ACA officer that he really had his work cut out forhim and that his fight against corruption was the most important fight facingthe country but I hoped that he could effectively stamp out this corruptionwithout destroying our PDRM which had done such yeomen service to the nation.The Royal Commission Report was made public two-and-a quarter years ago, yetPDRM has still not burnished its image. It is still mired in controversy. Need Isay why? It is so clearly divided into at least two groups at the top and,consequently, affects the officers below. That is why one group carries outarrests of alleged crime kingpins and the other group and the ACA have allegedlyinterrogated the arresting officers in the belief that the first group iseliminating the informants of the other group.

Whom can we believe when one group is headed by the IGP and the other by apolice director backed by the Deputy Minister of Internal Security? They are atopposite poles. Both the IGP and the Deputy Minister of Internal Security haveallegations of corruption thrown at them but both have been investigated by theACA, the content of the reports to the AG we do not know. What we know is thatthe AG has absolved both of them. So, between the two, whom are we to believe?That is why the IPCMC is so important – so that we have an instrument to get tothe truth. By not letting the IPCMC see the light of day after such a long studyby the AG speaks volumes of the AG’s understanding of the seriousness of theproblem and its effect on the criminal justice system. The AG himself has losthis credibility for this recalcitrance and for his “defeats” in recent highprofile cases as well as for some high profile cases not seeing the light of dayafter so long in his hands: and this is disastrous because his Chambers is thesecond other vital institution in the criminal justice system.

So, whither go our vital institutions? The ACA is another vital institution. Itis its abject failure to act hard against the highly corrupt at the very toplevels all these years that has allowed this pervasive corruption culture tothrive and grow within the public sector. Let me say it here: you will not stampout corruption by only giving talks or by tackling only the lower rankers. Thelower rankers are emboldened by the top-level corruption that could get away.Can the new ACA chief, drawn from within the ACA ranks itself for the firsttime, show a greater and singular dedication to his bounden duty? We shall seeand I wish him strength and success. But so far he has not shown the kind of

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mettle that we must expect from people in his new post. He must be proactive andindependent!

The Malaysian BarGenerated: 7 June, 2013, 10:35

Sunday, May 28, 2006

Royal Malaysian Police Warns UMNO! In one of the most amazing and unprecedented episode of our nation’s history the Royal Malaysian Police is OPENLY threatening the government, or UMNO (these two terms are synonymnous anyway).

In a special edition of an internal bulletin Berita Bukit Aman, the police [or, to be more precise, its top level management] attacked the IPCMC as ‘unconstitutional, prejudicial to national security and public order, can cause a state of anarchy and undermines the ruling coalition’s power’.

Did you get the last bit?

Yes, that bit when the police warned (UMNO) that the IPCMC will undermine the ruling coalition’s power.

In fact, it presented 9 points why the IPCMC must be opposed, with its 3rd point as:

Undermines the ruling coalition’s power.

The Royal Malaysian Police has come out openly to tell everyone, and be damn with the rest, that it is a police force for UMNO, to ensure UMNO stays in power.

And in case UMNO politicians are still hesitant, the Berita Bukit Aman warns that if the IPCMC is established, the police force will vote for the opposition in the next general election, and turn to the opposition (meaning either PKR or PAS, because it won’t have a snowflake’s chance in hell of getting that from the DAP) to ask them to fight for police rights.

But more worrying and threatening, Association of Gazetted Senior Police’s head ACP Jamaludin Khalid Jamaludin said in the bulletin that police top brass will resign en bloc, policemen will refuse to work overtime and demand for an eight-hour five-day working week, should the IPCMC be established.

The police is an ‘essential service’ and under legislative arrangements, like all ‘essential services’, cannot go on strike or work to rule.

What the Royal Malaysian Police has now say is as good as “We are a mercenary force employed by UMNO to do its bidding. If UMNO doesn’t look after us, just like

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dissatisfied mercenary forces in history we can turn on our employers.”

If the PM, also in his capacity as Internal Security Minister, doesn’t sack the IGP and the top layer of two of senior police officers within the next 3 days, our worst nightmare will begin (if it has not already). If the police gets away with such an open threat to a legitimately elected government, soon we will be like what our neighbours were once, ruled by the Police (or Armed Forces).

PM Abdullah Badawi and his own descendants, and those of other UMNO politicians, will be under the future rule of the Police. Posted by KTemoc at 9:08 am

IPCMC: Polis ugut sokong pembangkang

29-05-06, 12:12 PMPihak Polis Diraja Malaysia (PDRM) memberi kata dua kepada kerajaan, jika cadangan Suruhanjaya Aduan dan Salahlaku Polis (IPCMC) menjadi kenyataan, mereka akan bertindak untuk menyokong parti pembangkang dalam pilihan raya akan datang.

Malaysiakini mendedahkan, dalam edisi khas buletin Berita Bukit Aman, PDRM menyifatkan penubuhan IPCMC, antara lain, bertentangan dengan Perlembagaan, menggugat keselamatan negara dan ketenteraman awam, boleh mengakibatkan anarki dan menghakis pengaruh politik parti yang memerintah.

Edisi khas itu yang bertajuk ‘IPCMC – Kuasa Yang Tidak Boleh Dicabar?’ turut disiarkan dalam laman web rasmi PDRM. Ia mengandungi 12 bab yang meliputi latar belakang IPCMC, dialog antara Perdana Menteri, Dato' Seri Abdullah Ahmad Badawi dengan pihak PDRM dan sebab-sebab mengapa PDRM membantah penubuhan IPCMC.

Suruhanjaya Diraja Polis yang ditubuhkan oleh pihak kerajaan bagi menambahbaik pasukan polis telah mengemukakan 125 syor. Antara yang amat ketara ialah syor ke-12, iaitu membentuk satu mekanisme penyemakan yang bebas atau dikenali sebagai Suruhanjaya Bebas Aduan dan Salahlaku Polis (IPCMC).

Syor berkenaan kemudiannya disambut positif oleh Perdana Menteri, Dato' Seri Abdullah Ahmad Badawi. Bagaimanapun ia segera disanggah oleh beberapa pihak berkepentingan dalam polis.

Menurut laporan malaysiakini lagi, buletin itu juga memetik Pengerusi Persatuan Pegawai Kanan Polis Yang Diwartakan (PPKP/CPW), ACP Jamaludin Khalid sebagai berkata, cadangan penubuhan IPCMC itu telah menimbulkan sentimen dan reaksi negatif di kalangan anggota polis.

Beliau mengingatkan, jika IPCMC ditubuhkan, pasukan polis akan mengundi menyokong pembangkang dalam pilihanraya umum yang dijadualkan pada 2009, dan akan meminta pembangkang “memperjuangkan hak-hak polis di Parlimen".

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Katanya, pihak polis juga kecewa kerana Kementerian Keselamatan Dalam Negeri berdiam diri.Jamaludin mengingatkan lagi, jika IPCMC ditubuhkan, pegawai tinggi polis akan meletakkan jawatan, anggota polis bekerja mengikut masa dan menuntut kerja lima hari seminggu, lapan jam sehari.

Selain PDRM, beberapa ahli Parlimen Umno turut membantah keras cadangan tersebut, walaupun Perdana Menteri telah memberi lampu hijau penubuhannya. Manakala pihak pembangkang dan badan-badan sivil lain mahu ianya ditubuhkan segera.

Kerajaan kemudiannya menyatakan, pihaknya juga sedang menimbang menubuhkan badan ‘ombudsman’ untuk memantau agensi-agensi penguatkuasa kerajaan. Bagaimanapun badan-badan sivil, dalam reaksi mereka berkata, kerajaan tidak sepatutnya menubuhkan ombudsman bagi menggantikan IPCMC.

Suruhanjaya tersebut disyorkan ditubuhkan pada bulan Mei, tetapi sewaktu sidang Dewan Rakyat berakhir pada 11 Mei lalu, pihak kerajaan tidak dapat membentangkan rang undang-undang penubuhan IPCMC.

Bagi saya, isu ini wajar didebatkan secara serius.

Untuk itu, untuk rujukan awal, elok diteliti semula cadangan asal yang dikemukakan suruhanjaya diraja polis, yang dipengerusikan bekas Ketua Hakim Negara, Tun Mohamed Dzaiddin Abdullah:

"Satu cara yang berkesan untuk memastikan doktrin, undang-undang, peraturan dan prosedur dipatuhi dan dilaksanakan adalah dengan penubuhan badan penyemak luar. Kaedah ini telah diterima pakai oleh banyak sistem kepolisan moden kerana berdasarkan pengalaman mereka mendapati bahawa mekanisme dalaman semata-mata tidak mencukupi, tidak boleh dipercayai, dan seringkali tidak berkesan.

"Budaya polis biasanya tertutup, memandang ke dalam dan cara pemikiran juga sukar berubah. Perubahan kepimpinan akan membawa perubahan komitmen demi kecemerlangan perkhidmatan, disiplin dan prestasi. Masyarakat tidak boleh berharap semata-mata pada mekanisme dalaman untuk memastikan PDRM melaksana dan mematuhi undang-undang dan peraturan dengan berkesan.

Penubuhan agensi penyemak luar untuk PDRM merupakan perkembangan yang sangat penting dalam pentadbiran organisasi ini. Penubuhan agensi ini menandakan satu langkah ke depan dalam meningkatkan akauntabiliti, membantu mengembalikan serta mengekalkan kepercayaan orang ramai dan sektor swasta terhadap PDRM.

"Suruhanjaya telah mengkaji beberapa model badan penyemak luar dengan memberi tumpuan khusus pada mekanisme yang dibentuk di negara-negara Komanwel kerana persamaan tradisi undang-undang dan pengalaman. Di samping itu mekanisme operasi di

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negara bukan Komanwel juga turut dikaji.

"Antara sistem yang dikaji adalah seperti berikut: Suruhanjaya Bebas Pengaduan Polis United Kingdom; The New South Wales Ombudsman (bidang semakan merangkumi semua institusi awam dan bukan sahaja polis) dan Suruhanjaya Integriti Polis New South Wales; Suruhanjaya Jenayah dan Salah Laku Queensland, Australia; Cadangan Suruhanjaya Bebas Pengaduan Polis Hong Kong SAR.

"Selepas menimbangkannya, Suruhanjaya Diraja mencadangkan penubuhan sebuah badan bebas penyemak luar yang dikenali sebagai Suruhanjaya Bebas Pengaduan dan Salah Laku Polis atau Independent Police Complaints and Misconduct Commission (IPCMC) dengan ciri yang disebut di bawah:

TUJUAN: PCMC hendaklah menjalankan pemantauan terhadap PDRM, dan melaksanakan fungsi fungsi berikut:

- Menerima dan menyiasat aduan mengenai PDRM dan anggotanya- Mencegah, mengesan dan menyiasat amalan rasuah dan salah laku yang serius dalam PDRM- Mencadangkan langkah-langkah bagi meningkatkan integriti polis, mengurangkan salah laku serta meningkatkan kepercayaan masyarakat terhadap PDRM kepada Menteri Keselamatan Dalam Negeri. Terma “salah laku” juga meliputi amalan rasuah polis, perlakuan kesalahan jenayah dan ketidakpatuhan kepada undang-undang dan peraturan polis.

STATUS: IPCMC hendaklah menjadi badan bebas yang ditubuhkan menurut Akta Parlimen. Pindaan hendaklah juga dibuat terhadap seksyen yang berkaitan dalam Akta Polis 1967 untuk memperuntukkan fungsi IPCMC. IPCMC tidak akan mengambil alih atau mengatasi organisasi sedia ada seperti BPR atau SUHAKAM; sebaliknya akan saling melengkapi organisasi tersebut. Ia akan bekerjasama rapat dengan Suruhanjaya Pasukan Polis (SPP) dan Bahagian Tatatertib PDRM. IPCMC hendaklah diperuntukkan dengan kakitangan yang mencukupi agar dapat berfungsi dengan berkesan.

KOMPOSISI: IPCMC hendaklah terdiri daripada tujuh Pesuruhjaya yang dilantik oleh Seri Paduka Baginda Yang di-Pertuan Agong. Tempoh perkhidmatan mereka terhad kepada tiga tahun sahaja. Ahli tidak boleh terdiri daripada pegawai polis yang sudah bersara atau yang sedang berkhidmat.

LAPORAN TAHUNAN KE PARLIMEN: IPCMC hendaklah mengemukakan laporan tahunan kepada Seri Paduka Baginda Yang di-Pertuan Agong dan kemudiannya dibentangkan di Parlimen. Satu salinan laporan tersebut hendaklah dikemukakan kepada Perdana Menteri sebelum dibentangkan di Parlimen.

KUASA: IPCMC hendaklah mempunyai kuasa-kuasa berikut :

- Untuk menerima aduan daripada orang awam mengenai dakwaan salah laku polis;

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- Untuk menentukan sama ada hendak menyiasat sendiri aduan tersebut atau bersama agensi lain;- IPCMC boleh mengambil inisiatif untuk memulakan sendiri siasatan, walaupun tidak menerima sebarang aduan;- IPCMC hendaklah mempunyai kuasa mengarahkan PDRM atau agensi lain untuk mengemukakan apa-apa dokumen atau item yang mempunyai kaitan dengan kes untuk pemeriksaan;- IPCMC hendaklah mempunyai kuasa untuk memanggil saksi dan mendengar testimoni bersumpah;- IPCMC hendaklah mempunyai kuasa untuk memasuki dan memeriksa mana-mana premis yang diduduki atau digunakan oleh badan-badan awam atau berkanun;- IPCMC boleh, selepas mendapati seseorang pegawai polis bersalah di atas salah laku atau kesalahan lain seperti mana yang dinyatakan dalam Akta IPCMC mengambil tindakan yang bersesuaian termasuklah dibebaskan dengan amaran keras, penahanan terhadap elaun dan kenaikan gaji, penurunan pangkat, denda atau ditamatkan perkhidmatan. Keputusan IPCMC adalah muktamad dan tidak boleh dirayu;- Mengarahkan agar aduan disiasat oleh PDRM. PDRM akan mengemukakan hasil siasatan dan cadangan kepada IPCMC untuk keputusan. IPCMC mempunyai hak untuk mengarahkan siasatan semula dan mengambil alih siasatan tersebut pada bila-bila masa.

Polemik sekitar penubuhan IPCMC ini memerlukan perbahasan lanjut, yang melihat isu ini dari segenap sudut, dan diharap ada idea-idea baru mengenainya untuk kepentingan bersama, tidak terkecuali usaha pihak polis sendiri untuk mempertingkatkan integriti mereka yang diserang kiri dan kanan, sewaktu ramai beranggapan mereka hanya merupakan alat dan perkakas pemerintah untuk mengekalkan kuasa.

Kerajaan BN juga dilihat tidak berani berdepan ugutan atau kata dua pihak polis ini kerana selama ini pun, yang bersedia mempertahankan BN di barisan utama adalah pihak polis. Beranikah BN membuang tongkat sakti itu? - mks.

harakah (http://www.harakahdaily.net/v06/index.php?option=com_content&task=view&id=2465&Itemid=28)

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