IPCC Bill: A toothless tiger skewed to favour the police, PSM says

THE Government’s plan to establish the Independent Police Conduct Commission (IPCC) to investigate police misconduct is making a mockery of those who had suffered abuses from the authorities.

“The IPCC is even worse than the current Enforcement Agency Integrity Commission (EAIC) and the proposed commission by the previous Pakatan Harapan administration.

“It’s basically a commission which the police want, without taking into consideration of the proposals made by the civil society movements,” Parti Sosialis Malaysia (PSM) deputy chairperson S Arutchelvan told FocusM.

On Sept 16, Home Minister Datuk Seri Hamzah Zainuddin announced that the IPCC Bill will be presented for a second reading in the current Dewan Rakyat sitting.

The IPCC Bill was introduced last year to replace the Independent Police Complaints and Misconduct Commission (IPCMC) Bill that had been tabled in Parliament by the Pakatan Government in 2019.

S Arutchelvan

The decision to replace the Bill was made by the incoming Cabinet after the change in Government in March last year, with many calling the new proposal a watered-down version of the IPCMC.

Elaborating on the IPCC Bill, Arutchelvan said that IPCC would only serve to take complaints lodged against the police, only to be passed back to the Royal Malaysia Police (PDRM) for further action.

“The IPCC has no power to conduct search and seize items which can assist in an investigation. It also has no power to question anything under the police’s General Operations Standard Operating Procedure.

“Witnesses can also refuse to answer questions if it could lead to someone getting prosecuted in the court of law,” he lamented.

Despite criticisms levelled against the EAIC in the past, Arutchelvan noted that the former at least had investigative powers and neither active nor retired police officers could join the commission.

“EAIC also has powers to search, confiscate and summon witnesses for an inquiry proceeding. After that, it would submit recommendations to the PDRM’s Integrity Department for further action.

“And the police are required to report back to the EAIC on what action it has taken in regards to the recommendation made within 14 days,” the PSM leader stated.

 

IPCC is a waste

 

He added that the EAIC is also empowered to allow third party to intervene in cases of public interest.

“But the IPCC won’t even have powers to investigate. Basically, the proposed commission is heavily skewed in favour of the police,” Arutchelvan quipped.

On that note, Arutchelvan opined that it was better for those who suffered abuses from the police to approach the Human Rights Commission of Malaysia (SUHAKAM) for justice instead of relying on IPCC.

“At least, SUHAKAM has the power to investigate and call for witnesses to conduct an investigation,” he mentioned.

On a general note, Arutchelvan said that any commission established to investigate police misconduct should be independent and empowered to do their job professionally.

“As for the IPCC, it’s just a toothless tiger wasting everyone’s time and money,” he remarked. – Oct 10, 2021.

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