NGO wants IPCMC Bill to be redrafted, says it lacks bite

PETALING JAYA: The Independent Police Complaints of Misconduct Commission (IPCMC) Bill, which is expected to be tabled in the Dewan Rakyat on Monday (Oct 7), should be redrafted as it lacks bite, according to a non-governmental organisation.

The Citizens Against Enforced Disappearance (Caged) said in Pakatan Harapan's election manifesto, the IPCMC had initially stood for “Independent Police Complaints and Misconduct Commission, ” just as proposed in 2005 by the Police Commission.

"In Monday’s Bill, IPCMC is the acronym for 'Independent Police Complaints of Misconduct Commission' ('of' has replaced 'and').

"It falls far short of the 2005 proposal. This is because it is modelled on the Enforcement Agency Integrity Commission (EAIC), which even the government agrees is a failed institution.

"If the EAIC is a toothless tiger, Monday’s IPCMC is a toothless, limbless tiger, since it has even less investigative powers than the EAIC," the group said in a statement on Sunday (Oct 6).

The NGO's comments are based on what they anticipated in the Bill as Minister in the Prime Minister's Department Datuk Liew Vui Keong had invited and collected their feedback, but has not extended them a copy of Monday’s Bill.

The NGO said that the Bill should be modelled on the MACC (Malaysian Anti-Corruption Commission), an institution which, under the right leadership, has proven effective.

"There is a massive difference between MACC and EAIC commissioners. MACC commissioners have police ranks and are 'always on duty'.

"EAIC commissioners are mere laypersons. MACC commissioners strike fear, EAIC commissioners do not," said Caged.

The Bill should not be restricted to complaints of misconduct, the group added.

"Presently, the Bill has no definition of complaint. The drafters say the definition is in the domain of the Public Complaints Bureau (PCB).

"Checks show that the PCB will not investigate complaints on subjects which are under the authority of the MACC. It should be the same for the IPCMC.

"The Bill should mandate that the police cannot investigate deaths and grievous injuries which may have been caused by police actions.

"Police shootings and deaths in police custody must be investigated by the IPCMC. It follows that the Bill must include provisions for holding evidence and suspects; and establish commissioners with police ranks," it said.

The NGO also moved that the Bill must clarify what model of independence is adopted.

"Presently, the Bill is unclear. Is the model akin to Hong Kong where the police investigate themselves, supervised by a commission? Or is it akin to Northern Ireland where police are investigated by an independent force? Or somewhere in-between as in England and Wales?

"Data must be released to enable MPs and the public to assess whether the Bill will aid police reform.

"The Home Ministry should release data on complaints the police received since 2005 and their effectiveness in resolving them. Without data – as suggested in the 'Green Paper' proposal in Promise 16 of the Manifesto – any new Bill will disappoint," it said.