Remove the rot from the force

THERE’S a convenient excuse whenever cases of cops committing crimes are exposed. It is the “bad apples” theory: the contention that the vast majority of police personnel are honest despite the existence of a few rotten people.

Inspector-General of Police (IGP) Tan Sri Razarudin Husain inferred it last week after the arrest of a constable and a lance corporal allegedly involved in robbery and rape. The two cops have been suspended while the case is being investigated.

In describing the problem, the IGP said “only a handful” of officers and policemen were involved in criminal activities, adding that this is less than 2% out of the country’s 137,000-strong force.

In the latest case, the two policemen of the mobile patrol unit in Ampang Jaya, Selangor, reportedly approached a car parked by the side of the road at Bukit Ampang and demanded money from the duo inside – an 18-year-old Malaysian guy and his friend, a 17-year-old Uzbekistan girl.

According to Selangor police chief Datuk Hussein Omar Khan, the policemen took the young individuals to different locations where the alleged robbery and rape occurred. One policeman took the girl to a bank in Taman Muda, Selangor, to withdraw money from her account. He allegedly raped the girl while the other policeman took her friend to another bank.

The policemen are being investigated for rape and gang robbery under charges that carry sentences of up to 20 years in jail if they are convicted.

The IGP has given his assurance that criminal cases involving the police will be conducted transparently and urged Malaysians to maintain their trust in the force. He cited the arrest of a senior police officer implicated in a hit-and-run incident in which a 17-year-old student was killed in Meru, Ipoh, as an example.

“Police took immediate action. We did not compromise or conceal the matter. We charged him under Section 302 of the Penal Code for murder,” he said.

Razarudin said he has also issued directives to all district police chiefs to closely supervise officers and their subordinates.

He said that while it is expected that all personnel should strictly adhere to procedures, instructions and oaths they took when joining the force, they are only human and could not avoid making mistakes as humans.

But is it just a matter of a few “bad apples” giving the force a bad name?

Four years ago, almost 10,000 officers within the force, or about 7.3%, were found to have committed crimes or breached disciplinary rules over the previous six years. The offences included bribery, drug abuse and moral misconduct. A total of 743 senior officers were among the offenders, according to the figures disclosed by the then Bukit Aman Integrity and Standard Compliance Department director Datuk Seri Zamri Yahya.

As for police personnel involved in rape, such outrageous cases certainly don’t seem few and far between.

In January last year, a police inspector was charged in the Sessions Court in Sungai Petani, Kedah, with raping a 16-year-old girl and sexually assaulting her in a police station. The inspector claimed trial and was released on bail. A year later, there are no records to show whether he was found guilty, freed from the charges, or whether the case is still pending.

In April 2020, a police inspector was charged with the illegal detention and repeated rape of two Mongolian women. He was also charged under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, which criminalises the trafficking of persons for exploitation through abuse of power.

The two Mongolian women also filed a civil suit in the Kuala Lumpur High Court against the accused on April 23, 2020, and the case is set to be heard between May 27 and May 31 this year.

Correct behaviour is expected of all police personnel, who must maintain high ethical standards in carrying out their duties in a fair, constitutional and legal manner. The failure to do so has led to the erosion of public trust in the police force.

The police should also expect greater public scrutiny and more criticism, as citizens have the right and responsibility to question abuses by people entrusted with authority.

It is obvious that Malaysia needs a stronger police oversight structure, one that is more robust than the existing Independent Police Conduct Commission (IPCC), to bring back credibility and restore trust in the force.

Human rights groups have denounced the IPCC as a body that only serves to protect the police force instead of holding it accountable for abuses.

It has also been described as a much-diluted version of the Independent Police Complaints and Misconduct Commission (IPCMC), initiated by the Pakatan Harapan administration when it came into power in 2018. The IPCMC was first proposed by a Royal Commission of Inquiry into improving the police force in 2005, following a spate of deaths under police custody. Among the Commission’s 125 recommendations was the establishment of the IPCMC with powers to investigate police misconduct and take necessary actions.

Unlike what was advocated for the IPCMC, the IPCC lacks investigative powers and does not even provide a disciplinary body. It has been disparaged as being even weaker than the previous Enforcement Agency Integrity Commission set up in 2011.

Concerns have also been raised about the IPCC’s independence and the selection and appointment of commissioners who could be affiliated with the police. Critics have also questioned why IPCC investigators cannot visit police stations, lock-ups or detention centres without prior notice.

The Madani government could help the police regain the trust and confidence of the people by reviewing the IPCC and restoring the main recommendations of the Royal Commission. Only a stronger and healthier “police tree” can ensure fewer “bad apples”.

Media consultant M. Veera Pandiyan likes this quote by former US Chief Justice Earl Warren: “The police must obey the law while enforcing the law.”

The views expressed here are entirely the writer’s own.