Joint Statement: Ensure IPCMC Set Up Without Delay

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http://hakam.org.my/wp/2019/12/04/joint-statement-ensure-ipcmc-set-up-without-delay/
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4 Dec 2019

The undersigned civil society organisations are concerned at the sudden announcement by the government on 3 Dec 2019 that the second reading of the Independent Police Complaints and Misconduct Commission (IPCMC) Bill would be postponed to next year. This is especially concerning since it had already been announced on 2 Dec 2019 that the chair of the Special Select Committee on Bill Considerations YB Ramkarpal Singh would table the motion for the bill to be debated on 3 Dec 2019.

In our view, the formation of the IPCMC is one of the most important reforms in new Malaysia. The need for an independent oversight body focused on improving professional standards of the police and ensuring accountability for any alleged misconduct is a long-standing issue and cannot be put off any longer.

Despite the formation of the Enforcement Agency Integrity Commission (EAIC) 10 years ago, unfortunately, there are still regular reports of alleged police brutality, questionable police shootings and deaths in custody and outright corruption. Importantly, the EAIC does not have the power to initiate disciplinary proceedings against the police, despite findings of misconduct. We have thus seen cases where the EAIC has found serious misconduct such as tampering with diary entries and making false police reports by police officers, but have not seen any corresponding disciplinary action by the police.

The undersigned civil society organisations have participated actively in the consultations that have been held by Minister in the Prime Minister’s Department Datuk Liew Vui Keong together with the Governance, Integrity and Anti-Corruption Commission (GIACC). Although we were disappointed that the bill was not made available for comment before it was presented in Parliament for first reading, we are nevertheless encouraged by the unprecedented level of engagement from the government after that point. We have submitted our oral and written views on how we thought the bill could be improved and brought in line with international best practices.

We were also part of the consultations held by the bipartisan Special Select Committee chaired by YB Ramkarpal Singh, where oral and written submissions were also made. We commend the government and the Special Select Committee for engaging with stakeholders on this issue. We are heartened that some of our submissions have been taken into account in the amendments that have been proposed by the government and by the Special Select Committee.

We hope that the delay is indeed to fine-tune the bill and not due to inordinate pressure against the bill. We note that the police have concerns regarding the commission having disciplinary powers over them. We would like to point out however, that these powers will be exercised not by the Commission directly, but by separate disciplinary boards that will consist of commission members, a representative from the police force and a representative from the Police Force Commission.

We hope that the government will remain true to its manifesto promise to establish the IPCMC without delay and we remain committed to engaging with them and supporting this effort wherever we can.

Endorsing organisations:
1. Suara Rakyat Malaysia (Suaram)
2. Society for the Promotion of Human Rights (Proham)
3. Justice for Sisters
4. Malaysian Action for Justice and Unity (MAJU)
5. Center to Combat Corruption & Cronyism (C4 Center)
6. National Human Rights Society (HAKAM)

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