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.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
