Several civil society organisations have voiced objections against the Independent Police Conduct Commission (IPCC) bill in its current form which was watered down by the Perikatan Nasional government.
They pointed out that in some instances, the IPCC, which is intended to address demands for an Independent Police Complaints and Misconduct Commission (IPCMC), is worse than its predecessor – the Enforcement Agency Integrity Commission (EAIC).
“The IPCC has less power than the Enforcement Agency Integrity Commission (EAIC). The IPCC will be even less effective than the woefully inadequate EAIC.
“If the IPCMC proposed by the Royal Commission is a coconut, the IPCC is merely the husk,” they said.
For example, they said task forces set up under the IPCC have less power.
“Unlike the EAIC task force which has all the powers of investigation under the Criminal Procedure Code, no such powers exist under the IPCC,” they said in a memorandum.
The memorandum was jointly submitted to the MPs in Parliament today.
The endorsing organisations include Amnesty International Malaysia, Article 19, Centre for Independent Journalism, Citizen Against Enforced Disappearances (Caged), Eliminating Death and Abuse in Custody Together (Edict), Malaysian Centre for Constitutionalism and Human Rights (MCCHR), Society for the Promotion of Human Rights (Proham) and Suaram.
Long-delayed commission
The IPCMC was a long-delayed oversight commission that was recommended by the Royal Commission of Inquiry (RCI) to Enhance the Operation and Management of the Royal Malaysian Police in 2005.
The Pakatan Harapan government tabled an IPCMC Bill in July 2019. Following criticism, it deferred the bill for a review by the Parliamentary Special Select Committee (PSC) for the Consideration of Bills.
The PSC proposed various amendments. However, before they could be tabled, the Harapan government collapsed in March 2020.
“The PN government introduced a fresh bill, to create an IPCC, purportedly with the same intent as the IPCMC bill proposed by the RCI. The IPCC bill ignores the work of the PSC.
“The IPCC bill is a regressive document. It undermines years of consultations. It is a naked attempt to subvert efforts to ensure police accountability,” said the groups.
Among other concerns include the IPCC’s limited investigation powers.
“The IPCC’s powers are limited and ineffectual as it exempts the commission from investigating any act provided for in the Inspector-General Standing Orders (IGSO) (Section 96 & 97 of the Police Act 1967).
“The standing orders generally govern issues such as the conduct of arrests, the treatment of detainees, and on matters related to permissible use of weapons, amongst others,” the groups said.
Furthermore, they said the IPCC must provide early notice before a site visit which they said diminishes the efficacy of such site visits.
They added that the IPCC will not have powers to search and seize, unlike the EAIC which can do so without a warrant in certain circumstances.
They are also concerned about the limited powers to summon witnesses and compel the production of documents.
They noted that there will be provisions allowing witnesses to refuse any question if a head of a department certifies that it will be “prejudicial to national security or national interest”.
Likewise, they said the IPCC also have limited enforcement powers and also lacks independence.
Source: Malaysia Kini
