‘New’ IPCC an Attempt to Mislead Malaysia

Suara Rakyat Malaysia (SUARAM) is appalled by the ‘new’ Independent Police Conduct Commission (IPCC) introduced by the Perikatan Nasional (PN) government at Parliament today.

After the initial claims that the government will be tabling a new bill in lieu of the Independent Police Complaints and Misconduct Commission (IPCMC) bill proposed by Pakatan Harapan, the bill tabled in Parliament shows that PN merely took an earlier form of IPCMC bill introduced in October 2019 and further weakened it before re-tabling it as though it is a new bill. The whole machination is a waste of public resources and an attempt to subvert and bypass the consultation and recommendations by the Parliament Select Committee for Consideration of Bills.

The ‘new’ bill introduced by PN reintroduced fatal flaws that would undermine the functions of IPCMC/IPCC and render it completely irrelevant and a waste of public funds. Key areas of concerns include:

  • Requirements for early notice for Commission to visit detention centres
  • Removal of disciplinary power or power to compel actions based on recommendations made
  • ‘exemption’ of acts provided for in the Inspector-General Standing Orders (IGSO) (Section 96 & 97 of the Police Act 1967)
  • Power for police officers to refuse answer to the Commission if it may expose other police officers to criminal charges or penalty
  • Power to refuse the disclosure of sensitive documents or information on the grounds of national security or national interest

With the inclusion of this sections in the IPCC Bill, the Commission will be worse than the existing mechanisms under the Enforcement Agency Integrity Commission (EAIC) as investigation for key misconducts does not include acts covered by IGSO, police officers can refuse to answer based on a subjective and arbitrary excuse, and no power for the Commission to ensure its recommendations are implemented.

SUARAM calls on the PN to review the recommendations put forth by the Parliament Select Committee for Consideration of Bills and include that in the proposed IPCC. Introducing a Commission that is doomed to failure at a time when the Royal Malaysian Police is struggling with allegations of serious misconduct that includes police brutality, custodial death and enforced disappearance will only further tarnish the reputation of the police force and affirm public mistrust of the police force.

An accountable and professional police force would not fear any scrutiny by an independent commission as public scrutiny provides the police force with an opportunity to address public concerns and prove that the police force is not involved in any misconduct and are held accountable for any misconduct committed.

One thought on “‘New’ IPCC an Attempt to Mislead Malaysia”

  1. Dr. Kua Kia Soong & Suaram,

    I have to digress.

    OPEN LETTER to Prof. Dr. Syed Husin Ali & Syed Hamid Ali, Harapan political activist, Aliran & Suaram Adviser Dr. Kua Kia Soong,

    I was a practising lawyer. I merely have an LLB with Public International Law credentials and Law of the Sea, specifically UNCLOS was part of the University of Wolverhampton’s syllabus for my legal studies. Unlike the ursurper regime’s leading guy who can’t even win a General Election to lead an administration by himself!

    Nonetheless, I herewith refer to the South China Morning Post news article below.

    My humble opinion :

    China is a a signatory to UNCLOS but the USA has not ratified the convention.

    The gist of UNCLOS is simple : Disputes concerning the interpretation and application of UNCLOS are subject to compulsory dispute settlement unless they fall under TWO (2) EXCEPTIONS being disputes over sea boundaries and military activities which are exempted from compulsory dispute settlement pursuant to Article 289 of the Convention.

    China and both the USA have asserted that their military activities are drills and China has even asserted its sea boundaries disputed by the USA amongst others. Thus, these are exemptions under Art. 289 and exempted from compulsory dispute settlement.

    https://www.scmp.com/news/china/article/3099362/donald-trumps-national-security-adviser-calls-beijings-south-china-sea

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