Media Statement – 1/3/2024
Repeal, not amend, The Independent Police Conduct Commission Act 2022, Enact The IPMPC As Intended By The Royal Commission, Which Is Independent With Powers Of Prosecution And Ability To Conduct Public Inquiries
Wrong for
Anwar’s PH-led government to put into force law that was even previously opposed
by PH MPs in Parliament. Remove appointed Commissioners of IPCC to save monies
MADPET (Malaysians Against Death Penalty and Torture) calls for the immediate repeal of Independent Police Conduct Commission Act 2022, and an immediate STOP in the process of appointing Commissioners, officers and setting up structures which is costing government monies. The IPCC was not what was intended when that said 2004 Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, led by former chief justice Mohamed Dzaiddin Abdullah, that recommended Independent Police Complaints and Misconduct Commission (IPCMC).
One must remember that the then Royal Commission (RC) made the recommendation for an IPCMC despite the fact that there already existed the Police Force Commission that had the power under Article 140(1) of the Federal Constitution to exercise disciplinary control, the Malaysian Anti-Corruption Commission (MACC), police or other relevant authorities to deal with reports of crime committed by police officers. This implies that the existing mechanisms that were meant to deal with crime or misconduct committed by police officers had failed or was found lacking – thus the need for an INDEPENDENT IPCMC, that is placed under direct Parliament authority,
The weakness of the IPCC Act is many, as the IPCC now ends up being a ‘sorting body’ required to refer complaints it received back to the Police Force Commission, the Malaysian Anti-Corruption Commission (MACC), police or other relevant authorities.
What is the use of simply sorting complaints and referring it back to very same institutions, that also existed at the time the Royal Commission, made the recommendation for the setting up of the IPCMC. In fact, the new IPCMC when it comes to be, after this present IPCC is done away with, should also be tasked with the monitoring of the Police Force Commission and other relevant bodies that are meant to act on crimes or misconducts allegedly committed by the police.
In most cases, the relevant authorities dealing with crimes committed by the police will still be the police again. What do we do when the police decide not to investigate, decide no further action or investigations (NFA) is needed or decide to not proceed to charge and try in court ‘their fellow’ police officers that have allegedly committed crimes, or even subsequently decide to discontinue criminal trials?
Shocking that Minister puts into force law opposed when it was tabled by the then PN-BN coalition government, that replaced the PH tabled IPCMC Bill, which was being improved?
The fact must be noted that even when the IPCC Bill was being debated in Parliament, the Pakatan Harapan and other Opposition MPs were generally strongly against it. So, why did the Minister put it into force after GE15, ignoring the sentiments and position of PH and the people about this bad law?
MADPET is most disappointed with Prime Minister Anwar Ibrahim and his Pakatan Harapan led coalition government, who vide Minister Saifuddin Nasution Ismail, put into force the Independent Police Conduct Commission Act 2022 on 1 July 2023 [PU(B) 574/2022].
It is true that this law had been passed by Parliament, obtained royal assent on 8 October 2022, and was gazette on 18 October 2022, but NO law comes into force or operation until the Minister does so.
What should have rightly be done, was to send this IPCC law back to Parliament to be repealed or amended so that Malaysia will finally have a truly Independent Police Complaints and Misconduct Commission (IPCMC), as recommended by the Royal Commission of Inquiry about 19 years ago, or even the IPCMC Bill tabled by the then PH government in 2019 after incorporating the recommendation of the Parliamentary Select Committee and others to remedy matters lacking.
IPCC Commissioners appointed found wanting
In January 2024, the Home Minister announced the appointment of a former director-general of the Prime Minister’s Department’s Implementation Coordination the new IPCC chairman, that a former Prime Minister’s Department advisory board chairman will be Deputy, and the other 3 are a former National Audit Department’s financial sector director, a former police’s logistics and technology department deputy director and a former Malaysian Anti-Corruption Commission special operations division senior director. Will they be truly independent and not simply ‘yes men’ to the government of the day? They came from a past in the PM’s Department, Finance Ministry, police and MACC – and what did they do, if and when they became aware of the 1MDB or SRC scandal?
MADPET believes that no former police or MACC officer should be in the Commission, and neither should there be anyone with a past in the Prime Minister’s Department. All intended Commissioners should all be vetted by Parliament before appointment, and they should be former judges, lawyers, former prosecutors, and those with no past in government services especially the police.
SUHAKAM was perceived as a ‘toothless tiger’ until the appointment of Hasmy Agam as Chairman on in 2010, and thereafter Razali Ismail, who then saw SUHAKAM becoming a real Human Rights Commission – thus, the effectiveness of any Commission depends on the independence and bravery of the Commissioners appointed who is brave enough to act independently without fear or favour - not even worried whether their action/s will displease the Prime Minister or government of the day, or affect their reappointment for another 3 year term.
Shortcomings of the Police Force Commission
A fundamental problem today is that the public lose of faith in the system when it comes to dealing with ‘bad cops’. Lodging reports and complaints against police and law enforcement is useless, as most of the time nothing much seems to happen. Let’s consider the Police Force Commission, who is duty bound by Article 146(1) of the Federal Constitution to submit annual reports to Parliament – but where do we find it? Does it even contain details of crime/misconduct alleged and/or confirmed, penalties imposed and the name of the said officer – all of which are very important to assure that their complaints are not ignored, and it will also serve as a DETTERENT to other officers, who will know what crime/misconduct that they must certainly not commit?
What police cannot do – Be transparent about IGP’s Standing Orders and other regulations
What are the things that police cannot do? Besides the Public Officers (Conduct and Discipline) Regulations 1993 and few offences stated in certain laws, police are also bound to follow the Inspector General’s Standing Orders (Section 97 Police Act 1967), but the problem is that it is difficult for the public to know what it contains, hence making it almost impossible for the members of the public to even lodge complaints about a police officers non-compliance with Regulations and Standing Orders of the Inspector General of the Police (IGP).
The government must ensure that all regulations and Standing Orders are made available to the Public, initially in police and Home Ministry’s website, which will then enable the public to actively be able to highlight any non-compliances.
Sadly, the coming into force of IPCC Act ends capacity of EAIC to deal with complaints about police.
Another sad consequence, of the putting in force of the Independent Police Conduct Commission Act 2022, was that misconduct or complaints against members of the police force can no longer be dealt by the Enforcement Agency Integrity Commission (EAIC). One must appreciate that the EAIC did well in the inquiries of death in police custody like in the case S.Balamurugan, Soh Kai Chiok, Syed Mohd Azlan, N.Dharmendran and James Ramesh, whereby the Investigation Reports are available in the EAIC’s website.
Some of the findings of the EAIC against the police was indeed BRAVE, for they found police wrongdoings in causing the death and also tampering/destroying evidence. Based on its past annual reports, the complaint received against the police was the highest – 2020(699), 2021(742) and 2022(500). Now, the problem is what happens to complaints concerning police officers?
Despite EAIC recommendations, for criminal action to be taken, sadly almost none was taken. That is the reason, that besides investigative powers, such Commissions like the EAIC, Malaysian Human Rights Commission (SUHAKAM) and hopefully the REAL IPCMC when it comes to be must be also given prosecution powers for crimes committed by the police, and NOT just crimes under the IPCC (or later IPCMC Act
The IPCMC must be able to hold PUBLIC Inquiries and PROSECUTE
At present, this Independent Police Conduct Commission, besides sorting and sending complaints to other bodies, seems to not even have the ability to have any PUBLIC INQUIRY for the complaints against police.
The other problem that arises is what happens after the complaints are referred to the Police Force Commission, MACC or the police to take action? What if nothing happens – should not the REAL IPCMC, when it comes into being, then have the power to prosecute themselves for crimes that police commits?
Minister, Stop pussyfooting when it comes to the Police
The Malaysian police have been implicated in many possible non-compliance of law including death in police custody, torture and even extrajudicial killings. When will the all the police officers on duty be wearing body-cams with recording capacity? When will CCTVs be installed in police lock-ups, and every other room that the police deal with suspects? Such measures have long needed to protect suspect’s rights and more importantly ensure that the Malaysian police act professionally in accordance with the law.
The Malaysian government must bravely remove and/or prosecute ‘bad cops’, and do what is needed to restore the public image of the Malaysian police.
One wonders at times as to why the government seems afraid of the police? Could it be that the police hold ‘swords of Damocles’ over their head, placing them Ministers or even MPs in a situation in where something very bad could happen to them at any time if the police is offended? Could it be revelation of evidence of crimes committed? After all, it has been proven true that Prime Ministers and members of the Cabinet have in the past committed crimes, including abuse of power and corruption.
We need a CLEAN corrupt-free and efficient police force in Malaysia, and MADPET calls for the REPEAL of Independent Police Conduct Commission Act 2022, and an enactment of a new truly Independent Police Complaints and Misconduct Commission (IPCMC).
MADPET calls also for an immediate removal of Commissioners said to be appointed to save government monies. Commissioners of the real IPCMC must be vetted by Parliament, and should be truly Independent.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Press Release | IPCC Lacks the Authority to Uphold Police Accountability 22 Dec 2022 4:56 pm
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The
Malaysian Bar refers to the recent announcement made by the Minister of
Home Affairs, Datuk Seri Saifuddin Nasution Ismail, where he stated
that the Independent Police Conduct Commission (“IPCC”) Act which was
passed in the Dewan Rakyat earlier this year would come into force in
June 2023.1 We are disheartened by the Government’s plan to
forge ahead with the Act, especially when the Malaysian Bar has
consistently expressed grave concerns relating to the shortcomings of
the IPCC Act.
Over the past many years, Malaysians have been barraged with the disturbing phenomenon of deaths in police custody. As a nation, we are deeply dismayed by the unabated spate of deaths that appear to have no end in sight.
The police exercise a wide array of powers — ranging from the right to arrest; the right to use force, seize property, and to search private premises; just to name a few. These are all draconian measures that must be justified, and they demand a high standard of integrity and competence from those executing them. The public has a right to expect that the police will act with utmost fairness when dealing with the community they serve. It is therefore only right that there should be an independent oversight body to preside over one of our country’s most important public services — the police force.
The Malaysian Bar has always been a vocal advocate for the establishment of an Independent Police Complaints and Misconduct Commission (“IPCMC”). The most salient feature of the IPCMC is that it is provided with disciplinary authority over the police. It goes without saying that the police cannot police themselves. The IPCMC guarantees accountability because it provides the necessary “enforcement powers” to reprimand and punish errant officers if they break the law. The IPCMC will provide the police with the dignity and respect it rightly deserves by addressing the misconduct committed by a few of its members, which brings disrepute to the rest of the hardworking men and women in blue who are committed to serving our nation and its people. It should also be noted that prior to 2020, the Government of the day in 2018 had tabled the IPCMC Bill, only for it to be replaced with the IPCC by the Government that took over after the so-called Sheraton Move.2
It has always been our view that the IPCC in its current form fails to live up to our expectations of a more transparent and better regulated police force. First of all, the Commissioners of the IPCC ("the Commission”) are appointed by the King on the advice of the Prime Minister. The Chief Executive Officer of the Commission is appointed by the Minister of Home Affairs, which further undermines any form of independence or impartiality in this oversight mechanism, leading it to become further entwined with the Executive. Secondly, the Commission may conduct visits to any place and premises, such as police stations, lock-ups and detention centres, but they will have to provide early notice. This will render such visits ineffective as it will give time to the authorities that they are visiting, the time to make arrangements in advance — and that may not be reflective of the actual situation at the premises. Thirdly, the Commission under the IPCC does not bar the appointment of former police officers or current government officials to the Commission, therefore further blurring the line between the Executive and the Commission.
One of the main differences between the IPCMC and the IPCC is that under the IPCC, the Commission cannot act against police officers who have committed wrongdoing, but can only recommend proposed action to the Police Force Commission or other relevant authorities. It is a toothless piece of legislation that does not effectively achieve the intended objective.
Good policing is fair, just, and effective. It requires trust by the public in an institution that is mandated to serve and protect us. This can be done through establishing a system of civilian oversight, which is exhibited in the IPCMC Bill, but not in the IPCC Act. External scrutiny is a hallmark of any democratic police force and one that is accountable, transparent, and responsive to the needs of the public.
The Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police in its Report (2005) stated that:
“… When officers act in contravention of laws and regulations without fear of investigation or reprimand, the culture of impunity begins to develop. Each wrongdoing that is not investigated or punished or is supported by higher ranks within the police leadership leads to the perception that such misconduct is permissible …”
The IPCC Act is a step backward in regard to creating a police force that operates effectively and transparently. Instead, the IPCC Act is one that entrenches impunity and turns a blind eye to the very real problems that the institution faces. Our newly minted Government that has repeatedly emphasised the importance of good governance should reconsider its position in allowing the IPCC Act to be brought into force.
The police wield great amounts of power, and therefore it is only logical that a proportionate amount of responsibility and accountability must follow correspondingly. The Malaysian Bar therefore calls upon the Government to substantially amend the IPCC Act to incorporate the necessary provisions as those found in the IPCMC Bill to bring about police accountability, including granting disciplinary powers to the IPCC, before implementing the IPCC Act.
Karen Cheah Yee Lynn
President
Malaysian Bar
22 December 2022
1 “IPCC to comes in force June next year”, New Straits Times, 13 December 2022.
2 “IPCC Act to be in force June 2023, says home minister”, Malay Mail, 13 December 2022.
Source: Malaysian Bar Website
IPCC to get its members soon, says Home Minister
- Nation
-
Thursday, 12 Oct 2023
PUTRAJAYA: The newly enforced Independent Police Conduct Commission (IPCC) will get its members soon, says Home Minister Datuk Seri Saifuddin Nasution Ismail.
He said the process of selecting the seven members for the commission, including its head, is underway.
“The (selection) process has already started. We will use these coming months to complete it,” he said when met after attending the ministry’s monthly gathering on Thursday (Oct 12).
The IPCC was enforced in July.
Last year, the Dewan Rakyat passed the IPCC Bill after being in Parliament’s Order Paper over the past two years.
It replaced the Independent Police Complaints and Misconduct Commission (IPCMC) Bill, which the Pakatan Harapan administration tabled on July 18, 2019.
The independent commission’s role is to monitor the integrity of the police force and probe complaints of misconduct involving police personnel.
On another matter, Saifuddin said the top of the ministry’s Budget 2024 wishlist was to set up temporary shelters to house children detained by the Immigration Department during operations against illegals.
Such a centre is already in operation in Nilai, known as Baitul Mahabbah.
There are 19 Immigration depots nationwide housing 12,000 detainees, of which 1,400 are children.
“During my recent visit to the United States, this effort has been praised by the US authorities and UN bodies," he said.
The
Prime Minister has also asked for this (opening of centres) to be a
priority for the ministry,” he said, adding that the estimated cost to
open the three shelters is RM10mill. - Star, 12/10/2023
Five appointed to IPCC
- Nation
-
Thursday, 11 Jan 2024
PUTRAJAYA: Five new appointees have been named into the seven-member Independent Police Conduct Commission (IPCC), says Home Minister Datuk Seri Saifuddin Nasution Ismail.
The former director-general of the Prime Minister’s Department’s Implementation Coordination Unit, Datuk Zolkopli Dahalan, had been appointed as the new IPCC chairman, he said.
As for the IPCC deputy chairman, he said that former Prime Minister’s Department advisory board chairman Datuk Mohamad Jazamuddin Ahmad Nawawi had been given the role.
He also said former National Audit Department’s financial sector director Martina@Kartina Zamhari was now a member of the IPCC.
Other appointees into the IPCC, said Saifuddin Nasution, were former police’s logistics and technology department deputy director (operations/technical) Datuk Shukri Abdullah and also former Malaysian Anti-Corruption Commission special operations division senior director Datuk Tan Kang Sai.
As for the remaining two members, he said it would be filled when the time comes.
Saifuddin Nasution said the IPCC would act as an independent body to monitor the integrity of the police force and probe complaints of misconduct.
“The IPCC Act also places the role of the IPCC as a mandatory referral that obliges the police to refer cases involving sexual crimes, or deaths in custody (to the commission),” he told a press conference at the Home Ministry yesterday.
The IPCC Bill was
passed in Parliament last year, replacing the Independent Police
Complaints and Misconduct Commission Bill tabled in 2019 by the previous
government. - Star, 11/1/2024
EAIC to stop accepting complaints against police personnel starting July 1
The Enforcement Agency Integrity Commission says this is in line with the Independent Police Conduct Commission Act 2022 which comes into force tomorrow.
Starting tomorrow, the Enforcement Agency Integrity Commission (EAIC) will no longer accept any complaints against the police or its officers.
This is because the police are no longer listed under the schedule of the Enforcement Agency Integrity Commission Act 2009 (Act 700) as one of the enforcement agencies under the EAIC's purview, it said in a statement today.
The EAIC said this was in line with the Independent Police Conduct Commission Act 2022 [Act 839] (IPCC) which will also come into force from July 1.
"The EAIC, however, will resolve all complaints and investigations received before July 1, 2023, within a period of one year until July 1, 2024, in accordance with Section 47 of Act 839.
Any enquiries or complaints by the public against the police from July 1, 2023, can be channelled through the security division of the home affairs ministry at 03-8886 8526 or 03-8886 8529," the statement read.
It also said that the EAIC remains committed to its vision as a leader in the enforcement, transformation and culture of integrity based on professionalism and best practices.
The public can visit www.eaic.gov.my for more information related to the EAIC. - Malaysia Now, 30/6/2023
Independent Police Conduct Commission needs more transparency, says civil society
- Nation
-
Monday, 22 Jan 2024
PETALING JAYA: Civil society organisations (CSO) are calling for increased transparency and accountability to be implemented in the Independent Police Conduct Commission (IPCC) to prevent further depletion of public trust in police forces.
In a joint press conference organized bySuara Rakyat Malaysia (Suaram) today, 57 CSOs aired their concerns over the sudden announced setup of the proposed seven-member IPCC on Jan 10.
Suaram coordinator Wong Yan Ke said the inherent structural deficiencies within the IPCC could render the oversight mechanism to be a "toothless tiger" regardless of the competence of its members.
This included the IPCC’s inability to conduct searches and seizures or make unannounced visits to police lock-ups or take direct disciplinary action themselves against offending police officers.
"The Commission’s jurisdiction being purely limited to providing recommendations to the Police Force Commission for subsequent action is a severe limitation seeing as they could be ignored.
"This may worsen the already rising trust deficit between the public and law enforcement due to the recent spike in severe cases of police misconduct.
"This could cause people to be less willing to cooperate with officers in the future, which will in turn make it significantly harder for the police to do their duties," he said.
Previously on Jan 16, Inspector-General of Police (IGP) Tan Sri Razarudin Husain said that 2% of the police force had been found to have committed wrongdoings in 2023 which amounts to over 2,740 cases of rogue police officers out of an overall 137,000-strong police force.
He added the IPCC must address the lack of up-to-date data transparency on cases of police misconduct through releasing frequent updates on the police misconduct cases and statistics.
"The IPCC must be made to publicly release misconduct data on a frequent basis instead of needing CSOs like us to pressure them to disclose data through other channels like asked questions in Parliament.
"This will help to instil public confidence back in the law enforcement knowing that their complaints and concerns are being heard," he said.
He also called on the government to set up additional IPCC offices in other states to ensure that all communities, especially the marginalised rural communities like those Sabah and Sarawak, were served equally.
Centre for Independent Journalism (CIJ) media monitoring and action program officer Dineshwara Naidu also lamented the lack of transparency so far over the selection process for the current five IPCC members.
"The government must make it clear on how potential IPCC members are or have been chosen and what criteria they must meet as well as who or which department is in charge of this vital process.
"They must also be clear on who will be held accountable should any issues arise from the members," he said.
Other
notable CSOs who voiced similar concerns during the press conference
included representatives from Coalition for Clean & Fair Election
(Bersih), Amnesty International Malaysia and many others. - Star, 22/1/2024
A slew of high-profile accusations puts Malaysia’s new Independent Police Conduct Commission under scrutiny
With the five new members, the watchdog can immediately start to address complaints against officers. But ultimate power over disciplinary action remains with the police.
SINGAPORE: A latest slew of scandals involving the Malaysian police, including allegations against one for raping a foreign student, has cast the spotlight on the membership of an independent body tasked to probe complaints against the men in blue, but even that has come under fire.
On Jan 10, Home Minister Saifuddin Nasution Ismail revealed the names of five members appointed to the Independent Police Conduct Commission (IPCC), with two spots yet to be filled.
According to Free Malaysia Today (FMT), Mr Saifuddin said that the IPCC has the prerogative to kickstart an investigation in the public interest without referring to any party or report.
But analysts and activists are already describing the body as “toothless”, given its limited powers.
“The IPCC has no disciplinary power over police officers who … are found to have committed (an act of) misconduct,” International Islamic University Malaysia (IIUM) law expert Dr Nik Ahmad Kamal Nik Mahmood told CNA.
Dr Nik Ahmad explained that the IPCC can only provide punishment recommendations to the police force commission, adding that it is ultimately up to the police disciplinary committee to determine and undertake action.
Malaysian lawyer Edmund Bon agreed that the IPCC wields very limited power.
“It is in essence more of a referral commission,” said Mr Bon, noting that the previously proposed Independent Police Complaints and Misconduct Commission (IPCMC) had more powers and a direct enforcement mandate.
“The IPCMC came about after many years of consultation and problems that we see with the police force. But the police force objected to it (because they didn't want to be policed) and therefore you have a watered-down version of it (through the IPCC).
“So police accountability will still be quite low because you don't
have a strong police commission or force, something like Hong Kong or
other countries,” he told CNA. - CNA, 17/1/2024
Independent Police Conduct Commission (IPCC) Act 2020 should be amended to bring about police accountability ― Hakam
JULY 1 ― The Independent Police Conduct Commission (IPCC) comes into force on July 1, 2023. There are serious flaws in the IPCC that needs to be addressed to bring about Police Accountability in Malaysia.
Several key provisions as stated in the Independent Police Complaints and Misconduct Commission (IPCMC) Bill 2005 drafted by the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police (Royal Commission) and the IPCMC Bill 2019 have been omitted from the IPCC Act 2020.
The recommendations by the Parliament Select Committee on matters pertaining to the IPCMC Bill 2019 have also not been fully incorporated into the IPCC Act 2020.
The key areas that need to be incorporated into the IPCC Act 2020 include inter-alia the following:
1. Reinstatement of Disciplinary Authority to IPCC
The IPCMC Bill 2005 and the IPCMC Bill 2019 vested Disciplinary Authority with the Commission.
The IPCC Act 2020 does not have disciplinary authority and any findings of misconduct with the relevant recommendations has to be referred to the Police Force Commission.
It is imperative for the IPCC to be vested with disciplinary authority to ensure Police Accountability.
2. Scope of Misconduct has been restricted
The IPCC Act 2020 states that any misconduct regulated under Section 96 and Section 97 of the Police Act 1967 falls outside the purview of the IPCC.
The Inspector General’s Standing Orders (IGSO’s) made pursuant to Section 97 of the Police Act 1967 prescribes more than 100 minor and major misconducts.
There would be very little for the IPCC to investigate; as most of the misconducts would be within the purview of the IGSO’s.
Therefore, the prohibition against investigating misconducts regulated under Sections 96 and 97 of the Police Act should be removed for the IPCC to ensure Police Accountability.
3. Powers of the IPCC
The IPCC Act 2020 does not incorporate search and investigation powers as provided in the IPCMC 2005 Bill.
The search and investigation powers provided to the Enforcement Agencies Integrity Commission (EAIC) are also not given to the IPCC under the IPCC Act 2020.
The IPCC should be vested with the requisite search and investigation powers to function effectively.
4. Independence and supervision of IPCC
The appointment and removal of the Commissioners should be vested in the relevant Parliamentary Select Committee, instead of the prime minister.
The IPCC should not be under the Ministry of the Home Affairs.
5. Issues pertaining to sensitive information and documents classified as official secrets documents prejudicial to national security or national interest
The classification of sensitive information should not be in the hands of heads of department; but should be placed in the hands of IGP or Deputy IGP.
Matters pertaining to official secrets or prejudicial to national security should be held in-camera to maintain confidentiality and secrecy.
Therefore, Hakam calls upon
the government to immediately amend the Independent Police Conduct
Commission Act 2020 to incorporate the aforesaid Recommendations on an
urgent and immediate basis to ensure Police Accountability in Malaysia. - Malay Mail, 1/7/2023
