Scrap proposal for IPCC and enactment of IPCMC, Gov’t told

TRANSPARENCY International Malaysia (TI-M) has reiterated its call for the Government to scrap the proposal for the Independent Police Complaints Commission (IPCC) and consequently for the enactment of the Independent Police Complaints and Monitoring Commission (IPCMC).

“We have recently been served with another report of a death in custody, and the rakyat is still waiting for closure and accountability for the mass graves in Wan Kelian where a Royal Commission of Inquiry (RCI) was conducted, although we have not [received any results] until this day,” TI-M president Dr Muhammad Mohan remarked.

“The Government is strongly advised to disclose this report to the public to demonstrate its commitment to transparency and good governance.”

According to Muhammad Mohan, the Government under the leadership of Prime Minister Datuk Seri Ismail Sabri Yaakob is determined to bulldoze its way through with a watered-down IPCC Bill much to the dismay of the civil society, families of victims, parliamentarians and fellow Malaysians.

“If police misconduct and involvement in organised crime cannot be curbed and controlled by the Inspector-General of Police (IGP), the Integrity and Standard Compliance Department (JIPS) or the Police Force Commission (PFC) then the system of self-regulation is clearly flawed as pointed out by civil society and experts,” Muhammad Mohan said.

The IPCMC was mooted by the Royal Commission to enhance the operation and management of the Royal Malaysian Police (PDRM) in 2005 with the purpose of improving oversight and to allow independent investigation and punishment of errant, abusive and corrupt police officers across rank and file.

“The Pakatan Harapan Government had promised to enact the IPCMC but instead introduced a watered-down version of it with the same name,” commented Muhammad Mohan.

“Several months later, the Perikatan Nasional (PN) Government made a U-turn and withdrew the IPCMC bill and mooted the IPCC which not only had less powers but referred all findings back to the PFC for them to decide if and whether any action will be taken by the PFC or their colleagues from PDRM.”

Muhammad Mohan further explained that another glaring difference of the IPCC Act is that it blatantly allowed members of PDRM to be appointed as staff and commission members of the IPCC.

This would mean that PDRM officers will be both in the IPCC investigating police misconduct, and in the PFC reviewing the investigation findings of their police colleagues, he added.

“No other organisations or authority [should be] given full power to investigate its own allegations and abuse and to subsequently decide on the penalties,” opined Muhammad Mohan.

“Even when it comes to corruption which is under the jurisdiction of the Malaysian Anti-Corruption Commission (MACC) we have observed PDRM, under the leadership of various Inspector-General of Polices (IGPs), attempted to bypass the MACC under the pretext that it is an ‘internal issue’.

“The rakyat deserves world-class police and law enforcement agencies, and to feel safe when dealing with the law. Similarly, clean and conscientious whistle-blowers should feel safe, protected and supported to tell the truth.

“The IPCMC is empowered to make changes that both penalise corrupt officers and improve the welfare of other officers.

“The draft Act has been ready for more than a decade and entire nation is yearning for integrity. Unfortunately, what is lacking is political will,” he concluded. – Nov 27, 2021

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