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EAIC (Suruhanjaya Integriti Agensi Penguatkuasaan)

Suruhanjaya ini secara rasminya ditubuhkan pada 1 April 2011 selaras dengan berkuatkuasanya Akta Suruhanjaya Integriti Agensi Penguatkuasaan 2009 [Akta 700].

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Malaysiakini

 

The Malaysian Anti-Corruption Commission (MACC) has urged the Enforcement Agency Integrity Commission (EAIC) to drop Mohd Nadzri Ibrahim from the latter’s task force to probe two custodial death cases.

In a press release late this evening, the MACC confirmed Mohd Nadzri was one of its officers and that he was “on loan” to the EAIC.

“The MACC does not want a MACC officer to be linked to any controversy, regardless of whether it involves MACC or EAIC,” read the press release.

The MACC added that it was confident that the EAIC was an independent body and wants to ensure justice for all parties involved in death in custody incidents.

Mohd Nadzri is one of six members of EAIC’s task force. According to the EAIC website, he is a senior assistant director of the EAIC’s investigation and prevention section.

Yesterday, Bukit Bendera MP Zairil Khir Johari and Bukit Mertajam MP Steven Sim  had pointed out that Mohd Nadzri could be the same person who had once interogated Teoh Beng Hock – another custodial death victim.

Earlier today, the EAIC’s Legal and Corporate Communications Department told Malaysiakini that the two MPs’ criticism of the task force composition would be discussed “soon”.

It is unsure when the task force will meet, nor has the EAIC confirmed nor denied whether Mohd Nadzri was indeed from MACC.

MACC urges EAIC to drop its officer from task force

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Malaysiakini

The Enforcement Agency Integrity Commission (EAIC) appears to have absorbed a former Malaysian Anti-Corruption Commission (MACC) officer who interrogated custodial death victim Teoh Beng Hock in 2009.

In a joint press release today, Bukit Bendera MP Zairil Khir Johari and Bukit Mertajam MP Steven Sim said that if this was indeed true, it will compromise the integrity of the EAIC.

Zairil and Sim had posed this question following reports that one Mohd Nadzri Ibrahim was part of a six-member task force to probe two custodial cases.

According to the EAIC website, Mohd Nadzri is senior assistant director in the EAIC’s investigation and prevention section. Zairil and Sim pointed out that incidentally, Mohd Nadzri is no longer listed in the MACC online directory.

During the royal commission of inquiry (RCI) to determine the nature of Teoh’s death, the 24th witness had been Selangor MACC’s Mohd Nadzri, who recorded the deceased’s statements hours before he died.

However, the RCI did not implicate Mohd Nadzri of any wrongdoing and instead fingered three others – Hishamuddin Hashim, Mohd Anuar Ismail and Mohd Ashraf Mohd Yunus – although the trio were never punished.

Zairil and Sim said that the evidence suggested that EAIC’s Mohd Nadzri seemed very likely to be the same person who interrogated Teoh, and thus was not fit to be on the task force which probed custodial deaths.

Ex-MACC man who probed Beng Hock now in EAIC?

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Malaysiakini

Lawyer Salehudin Saidin has denied that his presence as a panel member will undermine the Enforcement Agency Integrity Commission (EAIC) in carrying out its duties to investigate and eliminate cases of custodial death and police abuse.

Salehudin, who has come under fire over reports that he represented a police personnel accused of murdering detainee N Dhamendran, said that he has ceased taking such cases in his personal capacity ever since the EAIC was formed in 2011.

He was referring to the claim of PKR legal and human rights bureau head Latheefa Koya, who today said he had previously served as defence lawyer in other similar cases – appearing for pathologist Dr Abdul Karim Tajuddin who prepared death-in-custody A Kugan’s first post-mortem report, and in the B Prabakar hot water torture case.

In the case of Abdul Karim, Salehudin told Malaysiakini that he had only represented the latter during case mention, before being discharged.

“That was three to four years ago. At the time, the EAIC had yet to be formed,” he said when contacted.

“Don’t tell me, as a lawyer, that there are cases and clients that I cannot accept?”

Criticised lawyer sees no wrong in EAIC role

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Malaysiakini

The continued presence of lawyer Salehudin Saidin as a panel member will undermine the Enforcement Agency Integrity Commission’s (EAIC) commitment to ending custodial deaths, says PKR.

According to PKR legal and human rights bureau head Latheefa Koya (right), this is not the first time the lawyer has represented custodial deaths and police abuse cases.

As such, she said in a statement, the EAIC must immediately explain Salehudin’s status as a panel member.

“The EAIC has failed to explain Salehudin’s appearance as a defence lawyer in all the other deaths in custody and police abuse cases, including his appearance for the notorious Serdang Hospital pathologist Dr Abdul Karim Tajuddin, who prepared A Kugan’s first post-mortem report, and the B Prabakar hot water-torture case,” Latheefa said.

“We demand EAIC for an explanation as to the status of Salehuddin.

“His continued presence in the panel, in whatever capacity, utterly undermines EAIC’s commitment to ending custodial deaths and police abuse cases.

Malaysiakini has contacted Salehudin (left) for his response.

Latheefa on Monday questioned Salehudin’s objectivity in carrying out his duties as EAIC panel member, after revealing that he is representing one of three police personnel charged with the murder of death-in-custody victim N Dhamendran.

In response, EAIC chief executive Nor Afizah Hanom Mokhtar yesterday clarified that Salehudin had withdrawn from representing the accused upon learning that the EAIC was to investigate the case.

Salehudin’s continued presence ‘undermines’ EAIC

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Free Malaysia Today

Ex-IGP and Bar chief roped into task force

EAIC appoints the two to help in probe into two custodial deaths last month

PUTRAJAYA: The Enforcement Agency Integrity Commission (EAIC) has appointed former Bar Council president , Lim Chee Wee, and former deputy Inspector-General of Police, Mohd Jamil, as consultants to assist a newly set up task force to probe two custodial deaths last month.

EAIC chairperson Heliliah Mohd Yusof said at a press conference today that both of them will give their inputs to ensure that the task force obtains accurate information at the end of each meeting session.

The eight-man task force formed last week has embarked on fact-finding mission into the deaths of 32-year-old N Dhamendran on May 21 and R Jamesh Ramesh on May 26 while in police custody.

The other members include EAIC’s commissioner Robert Jacob Ridu, enforcement team secretary Ahmad Razif Mohd Sidek, Foo Hui Yi, Eda Mazuin Abdul Rahman and Mohd Nadzri Ibrahim.

Heliliah, who heads the task force, said it would conduct inquiries with relevant quarters, but declined to name them for now.

She said the task force would also recommend amendments to laws and the SOP in their final report, which may be tabled in the Parliament for scrutiny.

“Some say we are late because the police have already set up a task force to look into their SOPs, but we are looking at it from an overall holistic way.

“We will examine the lock-up system. We want to know how (Dhamendran and Jamesh) were picked up, how they were brought to stations, and questioned, how they were left in lock-up. Who took care of them when they were in the lock-up.

“We want to evaluate the bad points in the SOP that may have permitted the police to certain things, and also whether there are any defensible points in it. And we will say in what way could the system be improved,” said Heliliah.

Ex-IGP and Bar chief roped into task force

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Malaysiakini

A member of the Enforcement Agencies Integrity Commission (EAIC) has been accused of acting in conflict of interest by representing one of the three police personnel charged with murder of death in custody victim N Dhamendran.

In a press release today, PKR legal and human rights bureau head Latheefa Koya said lawyer Salehuddin Saidin (left) cannot be expected to be independent and objective in his EAIC duties while defending his client.

Latheefa said that this arrangement had cast doubts about the EAIC’s independence and thus the federal government should withdraw support for the commission.

“We reiterate that nothing short of IPCMC will work and more importantly there must be a guarantee of its independence to ensure professional investigation is carried out without fear or favour,” she said.

Latheefa was referring to the Independent Police Complaints and Misconduct Commission (IPCMC) mooted in 2005 by a royal commission of inquiry on how to improve the efficiency of the police force.

Other cases

Salehuddin is one of EAIC’s six members. He is best remembered for being dropped as a prosecutor in the Altantuya Shaariibuu murder trial. He joined private practice soon after.

He is also representing Corp Mohd Haswadi Zamri Shaari, who was among the trio charged on June 5 for Dhamendran’s murder.

According to Kuala Lumpur General Hospital pathologist reports, Dhamendran suffered “multiple blunt force trauma“, although the police initially claimed that he died of breathing difficulties.

Latheefa pointed out that Salehuddin had a history of representing those alleged involved in police abuses. Among others, they are:

• Constable V Navindran, charged with causing grievous hurt on A Kugan.

• Dr Abdul Karim Tajudin, who was found guilty of professional misconduct by the Malaysian Medical Council in preparing A Kugan’s first autopsy report

• Sgt Mohd Diah Sulaiman, who is being charged with criminal intimidation and voluntarily causing hurt against B Prabakar, who was allegedly beaten and scalded by hot water during interrogation.

EAIC member accused of double-dipping

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Malaysian Insider

EAIC was designed to fail, Tony Pua tells Paul Low

BY CLARA CHOOI
ASSISTANT NEWS EDITOR
June 10, 2013

KUALA LUMPUR, June 10 — The Enforcement Agency Integrity Commission (EAIC) was designed to fail by the Barisan Nasional (BN) government, DAP MP Tony Pua said today as he took a swipe at minister Datuk Paul Low for likening the authority to the proposed Independent Police Complaints and Misconduct Commission (IPCMC).

The Petaling Jaya Utara MP said Low was “sorely mistaken” in saying the difference between the two was merely in their names, insisting the EAIC was only set up in 2011 to placate widespread demands for the IPCMC.

“The difference between the two is clearly in their intent, with the former set up as a toothless tiger meant specifically as a cosmetic job to placate the public’s demand for an IPCMC, while pandering to strident objections of the police force,” Pua said in a statement here.

“An IPCMC as recommended by the Royal Commission of Inquiry on the Royal Malaysian Police in 2005 was clearly an agency to check, discipline and inculcate greater professionalism in the police force.

“Hence the former is specifically designed to fail the objectives of the latter,” he added.

The DAP publicity secretary said this has been proven over the past three years since the EAIC’s formation, where it has been receiving an annual budget of merely RM7 million and only has one investigating officer and a 23-man staff, including clerks and drivers.

He noted that even former Chief Justice Abdul Hamid Mohamad had questioned the effectiveness of the EAIC which, since its formation in September 2011 and until the end of 2012, had only recommended one disciplinary action and two warnings to civil servants.

Pua said the sole case had been about a complaint lodged against a police officer mid-last year for closing a case after three days.

But even in the minor case of indiscipline, he said, EAIC CEO Nor Afizah Hanum Mokhtar had admitted that she was not aware if the recommended disciplinary action of a demotion was carried out by the police.

“The fact that the government isn’t serious, with only one investigating officer today to look after 19 government agencies… is proof of the intent for the entire exercise to fail,” Pua said.

http://www.themalaysianinsider.com/malaysia/article/eaic-was-designed-to-fail-tony-pua-tells-paul-low/

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Malaysiakini

A “revamped” and “beefed up” Enforcement Agency Integrity Commission is a better option than starting a fresh commission like the Independent Police Complaints and Misconduct Commission, says Minister in the Prime Minister’s Department Paul Low.

A stronger EAIC, Low said, would be able to regulate 18 other agencies, besides the police force, and would be able to hit the ground running and not take time to break-in, such as a fresh IPCMC would have to.

In a statement related to a recent discussion he held with the MIC, several NGOs and with the cabinet on the matter, he said the ‘IPCMC’ and ‘EAIC “are only names”.

“(What) really matters is that we arrive at an independent agency that has the resources, clout and scope of influence to do the job effectively, now that the weaknesses of the existing EAIC have been more or less identified.”

Low said the cabinet, upon his presentation on June 4, had concluded that empowering the EAIC was a better option for practical reasons.

‘Cabinet sees extensive revamp as a better option’

“The cabinet more or less concluded that an extensive revamp and enlargement of the powers of the existing EAIC would be a better option than setting up a new IPCMC from scratch, as the latter would involve too much time to get up and running.”

Low: ‘Beefed up’ EAIC better than IPCMC – Malaysiakini

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Star

Sunday June 9, 2013

Scope of EAIC comes under question

THE three deaths in police custody in just 11 days have reignited calls to set up the Independent Police Complaints and Misconduct Commission (IPCMC). The Enforcement Agency Integrity Commission (EAIC) set up two years ago in place of the IPCMC is seen as a watered-down and ineffective alternative. Some have even called for it to be scrapped altogether and replaced with the IPCMC.

SHAHANAAZ HABIB speaks to EAIC chief executive Nor Afizah Hanum Mokhtar on some of the prevailing issues.

Q: What are the fundamental differences between EAIC and the IPCMC?

A: EAIC investigates 19 enforcement agencies. Any setup similar to IPCMC would focus only on the police force. And which IPCMC are we comparing EAIC with? What are their powers?

How effective do you think EAIC has been since it was set up?

We managed to resolve a large number of complaints involving misconduct among the 19 agencies. Due to our intervention, a substantial number of action either by the police or the other agencies have been sped up. Due to us acting on their complaints, some even withdrew their initial complaints because our intervention managed to kickstart work that has been stalled.

Many are criticising EAIC, saying that its scope to probe 19 enforcement agencies is too broad and that it has been ineffective with a dismal track record. What is your response to those comments?

The criticisms were made without studying the full facts and without taking into consideration the number of complaints that the EAIC has resolved. The media pick and choose the sensational bits to report but do not give the full picture.
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Click on the link for the full report.

Scope of EAIC comes under question – Nation | The Star Online

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Malaysiakin

Former Chief Justice Abdul Hamid Mohamad today questioned the effectiveness of the Enforcement Agency Integrity Commission (EAIC), which since its formation in September 2011 and until the end of 2012, had only ordered one disciplinary action and two warnings to civil servants.

The commission focuses on the 19 enforcement agencies and Abdul Hamid (left) said for a budget of RM14 million for two years, it is a costly venture.

“In establishing a new agency, you need to recruit new officers. They lack experience and the expertise. To overcome that problem, you either recruit officers from other agencies or you may need to borrow them.

“How senior are they? It depends on the grades of the posts you have. Do you think those agencies will give their best officers?

“Do you think that officers who think that they have the potential to go very high up in their service would want to apply to be a permanent officer of the EAIC where the chances of promotion is very limited,” he asked.

Abdul Hamid also pointed out that the EAIC is supposed to have six investigators to look into complaints lodged on enforcement agencies but at present it only has one since May 16.

And even if there were more, they would be based in Putrajaya. “But the complaints and the witnesses could be from all over the country,” he said.

The former CJ was speaking on the topic ‘A critical analysis of the EAIC’ at the Integrity forum today.
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The EAIC, established in 2011, has powers to investigate complaints against all law enforcement agencies.

Click on the link for the full report.

However, the EAIC’s successes are severely limited…

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