EAIC must be retained for other enforcement officers, other than police - IPCMC Bill seeks to abolish EAIC(MADPET)

Media Statement – 12/8/2019

EAIC must be retained for other enforcement officers, other than police

IPCMC Bill seeks to abolish EAIC

MADPET(Malaysians Against Death Penalty and Torture) is appalled by the decision of the Pakatan Harapan led government to abolish the Enforcement Agency Integrity Commission(EAIC) vide the new proposed Independent Police Complaints of Misconduct Commission 2019 Bill. 

Section 51 of the new Bill states, ‘ The  Enforcement  Agency  Integrity  Commission  Act  2009  [Act  700]  (the  “repealed  Act”)  is  repealed  and  the  Enforcement  Agency  Integrity  Commission  (the  “dissolved  Commission”)  is  dissolved.’

Whilst the future new Independent Police Complaints of Misconduct Commission (IPCMC) would be dealing with complaints about police officers, the EAIC is currently dealing with complaints about almost all other enforcement agencies officers including the Immigration Department, Ministry of Housing and Local Government, Labour Department, Industrial Relations Department, Department of Occupational Safety and Health, Road Transport Department and Department of Environment.  A perusal of the statistics of complaints received indicate that complaints were received concerning many other agencies other than the police.

The recent toxic pollution incident in Pasir Gudang, and subsequent events indicates the failings of many of these enforcement agencies, who seem to have failed to do their work efficiently, and only seem to start acting after the failure in enforcement has resulted in catastrophe including deaths in some cases. 

It was shocking when so many illegal factories are discovered after the Paris Gudang incident, and how so many summons for violation of law were issued to factories after the incident. This is an indication of failure of responsible enforcement agencies, even after Pakatan Harapan formed the government in May 2018.

There was the case where 2 workers died, where the ‘…Selangor Health Director Datuk Dr Khalid Ibrahim in a statement said that the confirmed number of factory workers exposed to the ammonia gas was 27 people, including the two who were killed.’  An inspection by the Shah Alam City Council (MBSA) at the ice factory in Section 36 here, where ammonia gas had leaked earlier today, found that the premises had a license to carry out ice processing activities, but was not permitted to store hazardous materials. -Ice factory had no licence to store hazardous materials: MBSA (The Sun Daily, 13/8/2018). This again is a failure of the Local Council, Department of Occupational Safety and Health under the Ministry of Human Resources and maybe others. 

There have also been many other allegations concerning failings of Ministry of Human Resources enforcement officers, and likewise the Department of Environment.

As such, MADPET is of the position that the EAIC is very much still needed, and its powers should also be extended to prosecution. 

The scope of agencies covered by the EAIC should also be extended, including to maybe cover also the Malaysian Anti-Corruption Commission (MACC), the Prison Department and even the Election Commission.

The fundamental problem with the efficiency of the EAIC, and soon the IPCMC is the lack of public awareness. 

The second problem is a question of confidence, being also the question whether there is any use lodging complaints or bringing to the attention of the EAIC, and as such it is important that the public is made aware of the actions taken, including the number of errant officers prosecuted and/or disciplined and for what. This will restore faith and more people will come forward to highlight wrongdoings. Complainants should be kept updated of the outcome of their complaints.

The third issue is the question of public access – there really should be an office of the EAIC, and soon the IPCMC, at all major towns. These commission should also have sufficient staff to carry out the work.

Many of these wrongdoings of enforcement agencies impact negatively on people and their rights, and mere discipline actions like fines, transfers or demotions simply is not justly adequate. It also can impact the environment and health, some of which are irremediable. 

As such, there must not simply be just the removal of such bad apples from civil service, but the public prosecution and trial of all such wrongdoers. This will also serve as a deterrent to others but also improve the image of the administration of justice and government.

As such, even the proposed IPCMC Bill ought to be amended to give the Commission the power to prosecute, and not merely the power to discipline. 

List of names of all officers fined and/or disciplined should also be made public, including nature of the particular wrongdoing.

The EAIC, in the past, did conduct several inquiries, including into death in custody but alas, there seem to be no action taken.

For example, in the death in custody case of Syed Mohd Azlan Syed Mohamed Nur’s who died in 2014, the Enforcement Agency Integrity Commission (EAIC) found that ‘…the use of physical violence by police during arrest and questioning was the cause of death…’ According to the enforcement watchdog, its investigations also found attempts to obscure evidence from the 25-year-old’s interrogation that resulted in 61 separate injuries on various parts of his body.( Malay Mail, 30/10/2015), but alas to date, we have not heard about the prosecution and trial of these police officers that broke the law.

This reminds us about the recent findings in April 2019 of enforced disappearance of Pastor Koh and one Amri Che Mat by SUHAKAM (Malaysia’s Human Rights Commission), and we still see no prosecution. It is already almost 4 months. 

It is a waste of time to have such Commissions, including the EAIC, and then the Attorney General and/or the government fail to act on these findings. That is why all these Commissions, including SUHAKAM, EAIC and the future IPCMC should have prosecution powers. The lack of action by AG and government will only dampen the commitment of such Commissions.

Therefore, MADPET 

-          Calls on the government to retain the EAIC, and as such remove Section 51 from the proposed Independent Police Complaints of Misconduct Commission 2019 Bill that is now before Parliament;

-          Call on the government to amend laws to give the EAIC, SUHAKAM and even the proposed IPCMC prosecution powers; 

-          Call on the government to adopt a stringent policy with regards to public servants, whereby a failure in duty, which also may violate the rights of other/s including bringing about an impact to public health or the environment, and/or that may bring about injustice, shall result in termination and also prosecution and trial in an open court. This include the failure to inform the relevant authorities when senior or fellow officers and/or the Minister breaks the law.

-          Call on the Attorney General and/or the government to immediately prosecute police officers found to have killed and/or tampered with evidence in the cases of Syed Mohd Azlan and others. Let the court determine guilt and innocence. The government should stop protecting public servants and/or Ministers.

Charles Hector

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)