…

The Independent Police Complaints and Misconduct Commission (IPCMC)

The IPCMC is an police oversight body first proposed by a royal commission of inquiry (RCI) to improve the police force, which was held 2005.

However, the proposal was rejected by the police force, and later watered down to an Enforcement Agency Integrity Commission (EAIC), which lacks prosecution powers.

The RCI report had noted that society could not rely on the internal mechanics of the police force and an oversight body would therefore be “profoundly important” in the organisation’s governance.

—–

Malaysian Insider

Barely legal: 3 ex-chief justices vs a new home minister and his deputy

July 11, 2013

NEWS ANALYSIS – Malaysia is watching a scene never before played out here where two former chief justices and a lawyer who later became a chief justice are lined up against the home minister and his deputy on what is lawful.

Several odd arguments have been offered by Home Minister Datuk Seri Ahmad Zahid Hamidi and his deputy Wan Junaidi Tuanku Jaafar on why the government does not want the kind of oversight proposed by the three former jurists, who were part of a commission that called for an independent body to monitor the police.

The oddest argument of all must be that it is against the law.

This was a point made today by former New Straits Times group editor Datuk  A. Kadir Jasin, who sat on the same 2004 Royal Commission of Inquiry that the three jurists were on. Who would know more about the law, he asked in his latest blog post.

He noted that former Inspector-General of Police Tun Hanif Omar also was in the commission along with former chief justices Tun Mohamed Dzaiddin and Tun Salleh Abas. Also on the inquiry was a senior lawyer who later went on to become Chief Justice, Tun Zaki Azmi.

It was this inquiry nine years ago that recommended among other things, an Independent Police Complaints and Misconduct Commission (IPCMC)..
…..

He said if the home minister and his deputy believed they were superior to the inquiry members, surely they could have sought the “assistance of the supposedly knowledgeable people in the Attorney-General’s Department to improve the IPCMC’s legal framework”.

Barely legal: 3 ex-chief justices vs a new home minister and his deputy

—–

Malaysiakini

IPCMC not unconstitutional, top ex-judges drafted it’

The Independent Police Complaints and Misconduct Commission (IPCMC) proposal was drawn up by a panel comprising three former top judicial officers and a former inspector-general of police.

That panel was the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police.

Lawyer Khuthubul Zaman Bukhari (left), who sat on it, said he is puzzled how Home Minister Ahmad Zahid Hamidi could say the IPCMC is unconstitutional.

Khutubul Zaman said there were three top judicial officers and many with legal backgrounds on the panel of 15.

“It was chaired by former Chief Justice Mohd Dzaiddin Abdullah (left). We also had former lord president Salleh Abas and also Mohd Zaki Azmi, who later rose to become the chief justice.

“We also had three top judicial officers and also former inspector-general of police, Mohd Hanif Omar, on the panel. How can the minister say the IPCMC is unconstitutional when much careful consideration was made in drafting it,” he said.

Others on it included present Federal court judge Zaleha Zahari, former Transparency International Malaysia president Tunku Abdul Aziz Tunku Ibrahim and former MCA deputy president Lim Ah Le…

‘IPCMC not unconstitutional, top ex-judges drafted it’

——–

Eight people have died in police custody in this year alone. The latest was P Karuna Nithi, 43, who was found unconscious by policemen on duty at around 6.30pm on Saturday in the Tampin police station lock-up.

WHEN PARLIAMENT CONVENES, PAKATAN MEMBERS OF PARLIAMENT WILL PUSH FOR THE PASSING OF THE IPCMC BILL, TO MAKE IT LAW.

A SIMPLE MAJORITY IS ALL THAT IS NEEDED. THERE ARE 89 PAKATAN MPs. THEY NEED 23 MORE

WILL THESE COME FROM BARISAN NASIONAL?

—

The Independent Police Complaints and Misconduct Commission (IPCMC)

The IPCMC is an police oversight body first proposed by a royal commission of inquiry (RCI) to improve the police force, which was held 2005.

However, the proposal was rejected by the police force, and later watered down to an Enforcement Agency Integrity Commission (EAIC), which lacks prosecution powers.

The RCI report had noted that society could not rely on the internal mechanics of the police force and an oversight body would therefore be “profoundly important” in the organisation’s governance.

——–

SUNDAY, 23 JUNE 2013
2-6PM
TROPICAL INN
JOHOR BARU

We are gravely concernED with the high number of people who died while in police custody in Malaysia. According to the Ministry of Home Affairs, 156 persons died in police custody between 2000 and February 2011, and it has been reported that there were at least six such deaths in 2012, and halfway through 2013 alone we have 6 deaths, that is around one death per month since the year 2000. Most notable recently is the death of K.Dharmedran on May 21st this year. It is now ascertained that he died after being beaten multiple times by the police.

Many of such cases have not been settled satisfactorily and to the many families affected, justice was not served.

As such, together with many groups and individuals, we are calling for the immediate establishment of IPCMC to hold our police force accountable and to restore public confidence in the police force.

About the Organiser:

I.S.I. which stands for I Support IPCMC. We are a coalition of Non-Governmental Organizations (NGOs) firmed to lobby for the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) by the government in view of the regular incidents of custodial deaths and other serious police misconducts.

Programme:
2pm-2.45pm – Registration and submission of complaints by members of the public.
2.45pm-5.00pm – Speeches by panelists.
5.00pm-6.00pm – Q & A Session

Seats are limited, please come early to register.
Admission is free, light refreshment will be served

https://www.facebook.com/events/577519685632147/?notif_t=plan_user_invited

—–

Malaysiakini

Pakatan Rakyat today announced the names of its six-member parliamentary task force to push through for the Independent Police Complaints and Misconduct Commission (IPCMC) in Parliament.

DAP supremo Lim Kit Siang said that the two members from the party are Ipoh Barat MP M Kulasageran and Puchong MP Gobind Deo Singh (left).

The others are Padang Serai MP N Surendran and Bukit Katil MP Shamsul Iskandar from PKR, as well as Sepang MP Mohamed Hanipa Maidin and Kota Raja Siti Mariah Mahmud from PAS.

Lim, in a statement today, reiterated his call for 23 BN MPs to join 89 other Pakatan MPs in voting for the establishment of the IPCMC, when Parliament convenes.

The panel, which was announced by the Pakatan leadership council yesterday, is tasked with preparing and later tabling a private member’s bill for the IPCMC in Parliament.

Pakatan names IPCMC panel members

—–

Malaysia Chronicle

Paul Low, where is your conscience?

Written by  Tony Pua

Datuk Paul Low has been a respected civil society leader at the forefront of preaching transparency and accountability while he served as the President of Transparency International Malaysian Chapter (TI-Malaysia). His appointment to the Cabinet has hence raised expectations that Datuk Paul Low will continue his pursuit of reforming all necessary institutions to ensure that his causes while he was the TI Malaysia President will be realised the soonest possible.

It is hence heart-wrenching to see Datuk Paul Low repeatedly unwind the various positions after being appointed as a Minister in the Prime Minister’s Department, ostensibly to boost transparency and accountability in the BN administration.

He has given excuses why a Minister should not be required to make public declaration of assets on the basis that if a Minister’s son with RM20 million of assets may have his safety compromised. This was despite his earlier praise for the Penang and Selangor state governments for implementing public asset declarations for all its state executive councillors as a mark of transparency and accountability.

He has deflected criticisms of the lack of transparency in Petronas as reflected in the Revenue Governance Index (RGI) where Malaysia scored a weak 46 out of 100 marks, ranking us below countries like Azerbaijan and Indonesia. Datuk Paul Low argued that Malaysia ranked poorly because of Petronas’ non-disclosure agreements with foreign countries. However, when it was pointed out to him that the RGI report pointed clearly to weaknesses in local disclosures, Datuk Paul Low gave a “no comment”.

Refusal to endorse IPCMC

What was most disheartening however was Datuk Paul Low’s refusal to endorse the Independent Police Complaints and Misconduct Commission (IPCMC). He has earlier been reported to have said that there isn’t a need for an IPCMC because there is already an Enforcement Agency Integrity Commission (EAIC). He then “backtracked” from his comments 2 days later claiming he was merely pointing out an existing mechanism in the form of the Enforcement Agency Integrity Commission (EAIC) for death in custody victim N Dharmendran’s family when asked on the need for the IPCMC.

Despite his supposed reversal, the fact remains that he has refused to endorse the IPCMC, giving the flimsiest of excuse that he “did not want to get into a tit-for-tat match over the matter”. In 2009 however, the then TI-Malaysia President has presented in the Global Corruption Report:

The implementation of the watered-down Independent Police Complaints and Misconduct Commission (IPCMC) to a Special Complaints Commission (SCC) indicates the inability of the government to regulate gatekeepers. The IPCMC, which was the recommendation of the 2005 Royal Commission, was diluted after open revolt from the top brass of the Royal Malaysian Police.
…..

Paul Low, where is your conscience?

—–

DEATH IN CUSTODY

—–

Free Malaysia Today

Pakatan to form special committee on IPCMC

The opposition coalition is also appealing to BN parliamentarians to support their bill on the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC)

PETALING JAYA: Pakatan Rakyat will set up a special committee to push for the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) once Parliament convenes on June 24, DAP stalwart Lim Kit Siang announced today.

The Gelang Patah MP said this in the wake of three deaths in custody in the past 11 days.

Describing it as an “outrageous” record, Lim said this proved that the Enforcement Agencies Integrity Commission (EAIC) had failed to resolve the issue.

“We will set up a committee comprising two members of parliament from each party in Pakatan, and they will be responsible for coming up with the bill to establish the IPCMC.

“But we need enough members of parliament to support this. We have 89 MPs from Pakatan, and we need another 23 to obtain a simple majority so that we can set up the IPCMC,” he told a press conference here.

He appealed to BN parliamentarians to stop thinking along party lines and throw their weight behind the bill, pointing out that it was for the common good of the people.

“MIC have said four of their MPS want to see the IPCMC set up, while in MCA, vice-president Gan Ping Sieu said he supported it,” Lim said.

“So we hope they can prepare a statement of their support within the next two or three weeks. We hope that the MPs do not want deaths in custody to continue happening,” he added.

Lim vowed that Pakatan would ensure the IPCMC would become its main agenda once parliament convenes next month.

Pakatan to form special committee on IPCMC

—–

Malaysiakini

A question has been thrown to BN parliamentarians whether they are prepared to back Pakatan Rakyat to pass a Bill for an Independent Police Complaints and Misconduct Commission (IPCMC) in the first sitting of the new Parliament on June 24.

With 89 MPs from Pakatan, the support of only 23 more from the BN is required for a simple majority in Parliament to pass the IPCMC Bill into law, DAP national adviser Lim Kit Siang said today.

“MIC has called for the establishment of the IPCMC. Is this the official stand of the MIC and the four MIC MPs?

“If so, is it possible to get another 19 BN MPs to support the passage of an IPCMC Bill in the 13th Parliament?” Lim asked in a statement.

He said the matter would be discussed by Pakatan’s leadership council tomorrow.
…..

Pakatan’s plan to push the IPCMC Bill despite lacking a majority in Parliament comes after another victim died in police custody yesterday, the third in 11 days.

MIC national treasurer Jaspal Singh had on May 31 called for the immediate setting up of the IPCMC, stating that “no party, in law enforcement or otherwise, can be expected to police itself”.

MCA vice-president Gan Ping Sieu (left) when contacted yesterday also gave his backing for the setting up of IPCMC.

“I think the time has come that we should have an IPCMC because it is human nature. When you are within a system and have to take disciplinary action against your own colleagues, it can have a lot of psychological barriers,” Gan said.

He said he would raise the matter with the MCA central leadership for its official stance. However, the MCA Youth itself has supported such a commission.
Gan acknowledged that there were reservations about the IPCMC because of concerns over frivolous complaints, but said this was technical in nature and a mechanism could be put in place to prevent such abuses.

‘Will 23 BN MPs team with Pakatan on IPCMC Bill?’

——–

Malaysiakini

P Uthayakumar’s Hindu Rights Action Force (Hindraf) wants Pakatan Rakyat to make the issue of deaths in police custody the top priority in the coming sitting of Parliament.

“Better late than never. We call upon the top leaders of Pakatan Rakyat and also leaders of the Indian poor to jointly move this matter as their first priority (by tabling) an emergency motion when Parliament convenes,” Hindraf de facto leader Uthayakumar (left) said in a statement today.

The motion, he said, should, among others, call for murder charges to be swiftly filed against the police officers responsible for incidents of death-in-custody.

Uthayakumar said the motion should also call for the setting up of the Independent Police Complaints and Misconduct Commission (IPCMC) and for full legal aid to be given to detainees earning under RM5,000 a month, as well as the stationing of legal aid lawyers at all police stations.

Engineer P Karuna Nithi (right), who was found dead last night while awaiting bail at the Tampin district police headquarters lock-up in Negri Sembilan, became the third death in custody victim in less than two weeks.

Uthayakumar said had the Pakatan leaders been more vocal about the matter, the recent repeat deaths would not have taken place.

“Three killings in police lock-ups in 11 days and all of them are Indian victims. When we point out the likes of these institutional racism, (PKR de facto leader) Anwar Ibrahim calls Hindraf racist, extremist and being equal to Perkasa.

“If only Anwar, (PAS president) Abdul Hadi Awang and (DAP national adviser) Lim Kit Siang had also taken a strong and pro-active stance like they did with the deaths of Teoh Beng Hock, Aminulrasyid Amzah and others, regardless of the victims being Indian poor or whether the cases lacked political mileage.

“Hundreds, if not at least these latest police killings, may not have taken place,” he said.

‘Make custodial death priority in coming Parliament’

—–

Sundaily

Hindraf de facto leader, P. Uthayakumar has called on the Opposition to make the issue of deaths in custody their first emergency motion when parliament convenes on June 26.

“We would like to call upon Pakatan Rakyat leaders to also take a strong pro active stand against these deaths as they did in the cases of Teoh Beng Hock and Aminulrasyid Amzah,” Uthayakumar said in a statement today.

http://www.thesundaily.my/news/727985

—————————————————————–