(1.0) Introduction
There are concerns that the Independent Police Conduct Commission Bill 2020 (IPCC) would establish a police state, where police officers are immune from public scrutiny and monitoring of an actual independent body.
There are several factors that we may descry of from the IPCC and deduce reasons why it may be a fallible Bill after all. The full Bill way be accessed here.
(1.1) Understanding Malaysian police
For a long time, Malaysian police has the reputation of exercising excessive force, torture, maltreatment of detainees, together with harassment, which leads to deaths in custody.
There are other situations, whereby the police have derailed freedom of speech and expression in the country.
Hence, if the IPCC were to succeed to be come an Act, there are implications that would arise and that it would debilitate the already existing Enforcement Agency Integrity Commission (EAIC).
The EAIC was formed in 2009, but without the power to prosecute or impose disciplinary actions against police officers for misconduct.
(2.0) Defects of the IPCC
The following are what Amnesty International Malaysia and the Society for the Promotion of Human Rights (Proham) had asserted on the defects of IPCC/
(i) Firstly, the EIAC has the ability to conduct searches and seizures during investigations involving wrongful acts of the police, including cases of deaths in custody. On the contrary, the IPCC does not have such provisions.
(ii) Secondly, the IPCC does not prescribe powers to compel the issuance of documents and no hearings available. This is because, if documents are regarded as 'prejudicial to national security or national interest' then they cannot be inspected.
This would mean documents classified as under the Official Secrets Act 1972 (OSA).
Without a hearing, the IPCC Commissioners could not fully grasp or examine any complaints. Hence, there is the lack of transparency to hear the complaints of victims and the abuses of the police against them.
(iii) Thirdly, the IPCC commissioners are barred from visiting police premises, lockups or places of detention without prior notice to the head of department.
(iv) Fourthly, regardless if the IPCC Commissioners are successful in their investigations, their findings are only persuasive, not binding as they are only recommendations.
These recommendations would be submitted to the Police Force Commission, the Malaysian Anti-Corruption Commission and other relevant authorities. Since recommendations by EIAC are usually ignored, what is the guarantee that IPCC Commissioner's recommendations would be taken seriously?
(v) Fifth, the IPCC does not stipulate how long investigations would take, meaning the IPCC allows investigations infinitely, perhaps thousands or millions of years before a conclusive finding.
(vi) Sixth, according to section 96 and 97 of the Police Act 1967 and the Inspector General's Standing Orders (IGSOs) any investigations of major and minor misconduct is governed under those laws, and not the IPCC.
(vii) Lastly, constituting members of the IPCC would be questionable. It would be politically motivated, since they are appointed and dismissed by the YDPA on the advice of the Prime Minister. Members of the IPCC themselves could be the police, debasing the independence of the IPCC.
Members of the IPCC should be those outside the police so there is no fear and favour that they are free from political undertones.
(3.0) Legislating a better Independent Body Law
In order to instate a better law, it is suggested that some provisions from the Independent Police Complaints and Misconduct Commission Bill 2005 (IPCMC) could be adopted, such as actually prosecuting members of the police for misconduct.
With the above weaknesses in the law, perhaps the IPCC itself could be amended to cater to the said problems or defects. In fact, the IPCC is similar to IPCMC, but some of the provisions had been omitted.
Originally, the IPCMC has disciplinary powers, including issuing warnings, fines, forfeiture of emoluments, deferments and reduction of salary, rank and a dismissal. The members of the IPCMC commission had 10 members, unlike the IPCC which has 7 only.
(4.0) Conclusion
Should there be an IPCC to oversee the accountability of our police?
Well we have two choices, either to amend the IPCC or legislate the IPCMC instead. Even possibly an entirely new law with better provisions.
(5.0) References;
Article 19 (October, 2021) Malaysia: IPCC bill is a step backwards for police accountability. Retrieved from, https://www.article19.org/resources/malaysia-ipcc-bill-step-backwards-for-police-accountability/
FMT Reporters. (March, 2022) Withdraw 'weal' IPCC bill, rights group urges govt. Retrieved from, https://www.freemalaysiatoday.com/category/nation/2022/03/21/withdraw-weak-ipcc-bill-rights-group-urges-govt/
Amnesty International (n.d) #TolakIPCC tell your MP: We want an effective & independent police complaints & misconduct commission (IPCMC). Retrieved from, https://www.amnesty.my/2021/10/04/demand-an-independent-and-effective-ipcmc/
Martin Carvalho, Hemananthani Sivanandam & Rahimy Rahi, (August, 2020) In place of IPCMC, proposed IPCC does not afford disciplinary powers. Retrieved from, https://www.thestar.com.my/news/nation/2020/08/26/in-place-of-ipcmc-proposed-ipcc-does-not-afford-disciplinary-powers
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