Government not interested in setting up IPCMC, says Kadir Jasin

by V. Anbalagan July 10, 2013 The government has been giving excuses against the setting up of the Independent Police Complaints and Misconduct Commission (IPCMC). They have never really been interested. This is the observation of Datuk A. Kadir Jasin who sat on the Special Commission to Enhance the Operations and Management of the Royal Malaysia Police Force, which came out with 125 recommendations for the government, including the setting up of the IPCMC. "The cabinet has been avoiding discussions on the IPCMC from the very beginning, ever since we submitted the report to them in 2005," he told The Malaysian Insider. Kadir said the government argued that the police were against the IPCMC and later added that other enforcement agencies ought to be included. They then formed the Enforcement Agencies Integrity Commission (EAIC). "I think the IPCMC is not the problem. It is the government that is not interested to have such a mechanism," he said in response to Home Minister Datuk Seri Ahmad Zahid Hamidi's claim that the proposed IPCMC would result in overlapping jurisdictions as well as being unconstitutional. Kadir said statements from previous home ministers also clearly demonstrated that the government was not interested in the IPCMC. He explained that the special commission visited several countries which had successfully implemented the IPCMC-like mechanism after consulting the police. "The police had their reservations but in the end, they cooperated," said Kadir. "The government here can still set up the IPCMC and make adjustments along the way." Another member of the special commission, Datuk Dr Denison Jayasooria, also shared similar views. He said the commission is important as they would have powers that Suhakam and the EAIC do not have. "The Home Minister may have misunderstood the IPCMC's role which is now constitutionally provided for via the Police Service Commission," he said.

He said the many complaints against the police including custodial deaths, abuse of power and excessive force justified the need to set up the IPCMC. "The IPCMC will also assist the police in solving the perception problem," he said in reference to similar set-ups in the United Kindgom, Australia and Hong Kong. Bar Council chairman Christopher Leong said Ahmad Zahid was mistaken as to the law and contitution. "The constitution provides for a dedicated independent oversight authority like the IPCMC," he said, adding that the IPCMC would operate independently of the Police Service Commission and would solely focus on matterrs of indiscipline in the police force. Former Attorney-General Tan Sri Abu Talib Othman said the function of the proposed IPCMC has to be determined first before it was declared unconstitutional. "I cannot tell off hand whether it is legal or illegal without knowing its function," he said. He said as former chairman of Suhakam, he had also proposed suggestions to the special commission on the setting up of the IPCMC. Abu Talib said the IPCMC could not be given powers to discipline senior police officers as that matter came under the purview of the (Police) Commission as stated in the constitution. "Similarly, the IPCMC could not have powers to prosecute as that authority is vested with the Attorney-General," he said. Abu Talib said the IPCMC could entrust an independent body to investigate any wrongdoing or misconduct by police personnel. "The IPCMC's role is to recommend criminal action to the A-G," he said. He said the constitution has to be amended if wide powers were to be given to the IPCMC. Abu Talib said Malaysia was not the first nation talking about the possible establishment of the IPCMC as such oversight bodies existed in Australia and New Zealand. He said that those models could be studied. Earlier, DAP secretary-general Lim Guan Eng remarked that Ahmad Zahid continued to surprise Malaysians with his reckless claims and perverse logic on establishing the IPCMC.

He said Ahmad Zahid's proposal was also an insult to the special commission chairman Tun Mohamed Dzaiddin Abdullah, a former chief justice of Malaysia. "This is the first time since the recommendations were made in 2005 that the IPCMC has been declared unconstitutional by the federal government. "This is a flimsy excuse for rejecting the IPCMC," Guan Eng added. - July 10, 2013.
MALAYSIA

Ahmad Zahids claim on IPCMC being unconstitutional is illogical, says Guan Eng
B Y V. AN BA L AG A N J UL Y 1 0, 20 13

The home minister continues to surprise Malaysians with his reckless claims and perverse logic on establishing the IPCMC, said DAP secretary-general Lim Guan Eng. Lim said Datuk Ahmad Zahid Hamidi's claim that the IPMC will result in overlapping jurisdictions and laws among the county's enforcement agencies, as well as being unconstitutional and contrary to the concept of justice was illogical. Where is the logic of the home minister that the Special Commission to Enhance The Operation And Management Of The Royal Malaysian Police is making an unconstitutional proposal of setting up the IPCMC, when its chairman Tun Mohamed Dzaiddin Abdullah was the ninth Chief Justice of Malaysia? asked Lim, who is also Bagan MP. Lim said since the commission mooted the idea in 2005, this is the first time that it was being declared unconstitutional by a member of the cabinet. Ahmad Zahids wild claim is a slur on the reputation of the highest judge in Malaysia and questions his basic legal competency in making an unconstitutional proposal.

Ahmad Zahid is not a lawyer and he should ask the Attorney-General Tan Sri Abdul Gani Patail to forward legal arguments on how setting up the IPCMC is unconstitutional. he said. Lim said should Ahmad Zahid fail to prove his claims, he should apologise to Tun Mohamed Dzaiddin for bringing his (Tun Dzaiddins) legal expertise into disrepute. Lim said the home ministers wild claims to justify the unjustifiable and defend the indefensible in the face of overwhelming factual evidence, has been the governing approach adopted by the BN Federal government. He said Ahmad Zahid cannot be so easily forgiven for continuing to sully the reputation of his office by failing to uphold the laws and choosing to conveniently label any proposal that the BN government wishes to reject as unconstitutional. July 10, 2013.

Wan Junaidi: IPCMC treats cops worse than criminals

Malaysiakini 5 hours ago

Deputy Home Minister Wan Junaidi Tuanku Jaafar has dismissed revived calls for an Independent Police Complaints and Misconduct Commission (IPCMC), stating that such a body would treat the police worse than criminals. "It (IPCMC would) breach everything - the constitution and natural justice. It excludes the power of the court and becomes the final adjudicator," he told reporters in the Parliament lobby today. "Can you imagine that someone facing disciplinary action does not have the right of appeal in court - you are treating policemen worse than criminals." Wan Junaidi (left) had been asked for the outcome of his study, having asked for a month from June 4 to scrutinise the proposal. He said the drafters of the IPCMC proposal had breached every principle of justice in any law and that it would have been a bad law.

"It takes away the attorney-general's authority with sole power of prosecution something not even given to the Malaysian Anti-Corruption Commission (MACC) and it takes away the police commission on disciplinary issues. It takes away the (powers of the) inspector-general of police (in) the Police Act. "Any decision made by the IPCMC must be final and you cannot appeal to the court. Have you heard of that kind of law before?" Wan Junaidi said the Enforcement Agency Integrity Commission (EAIC) sought to remove those provisions deemed not in line with principles of justice. "(In practical terms) the IPCMC is already used in the (EAIC) but (the latter) takes away the things that are not consistent with natural justice. Therefore it (the creation of the IPCMC) does not arise any more." The EAIC has, however, been widely criticised as a watered-down version of the IPCMC proposed by the royal commission of inquiry on operations of the police force in 2005. There have been renewed calls for the IPCMC to be implemented following a string of deaths in custody where the victims were alleged to have been tortured .

IPCMC not in line with Federal Constitution, claims Ahmad Zahid

July 09, 2013 The proposed establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) will result in overlapping jurisdictions and laws among the country's enforcement agencies. Home Minister Datuk Seri Dr Ahmad Zahid Hamidi said the proposed setting up of the IPCMC was also rejected by the government as it was not in line with the Federal Constitution and was against the concept of justice. "The government also opines that if the new body is formed, its jurisdiction should not be limited to investigating the police but should also cover all the enforcement agencies. That is why we set up the Enforcement Agency Integrity Commission (EAIC). "We trust EAIC is capable of monitoring misconduct among members of enforcement agencies including the police force, so I am appealing to all quarters to give EAIC time to carry out its work."

Ahmad Zahid said this when winding up the debate for his ministry on the motion of thanks for the royal address in the Dewan Rakyat today. He stressed that his ministry had not been manipulating the crime index as claimed by the opposition, as all the statistics with regard to the crime cases solved were entered into the computer. He said those who lodged police reports could monitor the developments of the investigations carried out and he assured that all reports made were fully investigated. However, he admitted that crime rates had gone up drastically of late and again claimed that it was due to the repeal of the Emergency Ordinance, resulting in an increase of at least 2,600 serious crime cases. "Previously, the criminals detained under this ordinance were involved in serious crime and were organised. Now such criminals are around after the Emergency Ordinance has been abolished. That is why all parties must work with the police on this matter," he said. - Bernama, July 9, 2013.

What even ex-chief justice wont speak about, oversight for police
by V. Anbalagan July 10, 2013 Ask former chief justice Tun Mohd Dzaiddin Abdullah anything, and he will answer. But dont ask him about the controversial recommendation he made as head of a special commission in 2004, that Malaysia should set up its first Independent Police Complaint and Misconduct Commission (IPCMC). That is when the man who shed the heavy cloak of the highest judge to become an active, vocal citizen, becomes tight-lipped. Why? The Malaysian Insider asked him and he replied: "As far as I am concerned, we have completed our report and given our best. That is all I have to say." For nine years now, that one idea an independent check on the police has enthralled the nation but disgusted the police. government again and again, even as late as yesterday by the Home Minister Datuk Seri Zahid Hamidi, who told Parliament it wou It was also rejected by the ld lead to overlapping jurisdictions and that it was not in line with the Federal Constitution. But High Court Justice Datuk V.T. Singham put the spotlight back on it when in a written judgment he made available yesterday on a landmark court verdict, he said there was a need to consider introducing the IPCMC, following a sharp rise in custodial deaths. Justice Singham had also made the same point on June 26 when he delivered his verdict on the custodial death of A. Kugan in a police lock-up four years ago. He was picking up the suggestion first made in 2004 by Dzaiddin, who headed the Royal Commission To Enhance The Operation And Management Of The Royal Malaysia Police.

The commission came up with 125 recommendations for the government, one of which was to set up the IPCMC, an idea which was roundly rejected by the police. In Kugan's case, Singham blamed the current Inspector-General of Police Tan Sri Khalid Abu Bakar of suppressing evidence into the death of the detainee. Khalid was then the Selangor police chief. Singham said the recommendation of the Royal Commission should not be kept in "cold storage" but must be activated as soon as possible for the public to feel assured that an independent agency was looking into such matters. Also in the Royal Commission was Ivy Josiah, the executive director of Women's Aid Organisation, who told The Malaysian Insider that Singham's judgment should not be regarded as an over-reach but rather as firm advice to the executive and the legislature. "This is a call to the government to do the right thing," she said. Josiah said it was common for judges in other jurisdictions to make their observations on cases of public interest. She said what Singham noted in the judgment was also what civil societies had been advocating over the past 10 years. "They have been demanding the establishment of the IPCMC as reports of custodial deaths have been increasing," she said. She added that it was common in matured democracies and Commonwealth countries to establish a body to monitor the police force. "The police force must have the courage to submit itself to the IPCMC to improve and serve the community better," Josiah said. According to rights group Suaram, there were 218 cases of alleged deaths in custody in Malaysia from 2000 to June this year, with its records showing that nine of those cases occurred in 2012 and five so far this year. June 9, 2013.