The complaints about the police is many - and even when complaints were lodged by 'BRAVE' persons - we do not know whether the complaint was acted upon and the outcome. There is also a DISTRUST on police mechanisms of discipline or prosecution - a belief that police then to 'be light' or maybe even cover up when the alleged perpetrator is a police officer, and more when the 'crime' or 'misconduct' was committed whilst carrying out duties as police officer.
Recently, it was reported that 'A total of 496 police officers were subject to disciplinary action, including 34 who were dismissed during the first five months of this year. Director of Bukit Aman’s integrity and compliance department Azri Ahmad said of that number, 309 were given warnings, 88 were fined, 51 forfeited emoluments, eight had their increments postponed, three had their salary cut and a further three were demoted.'
But what are NAMES of these officers...What was the offence/misconduct? What was the penalty in each case? A TRANSPARENT PUBLIC DISCLOSURE of names, misconduct/offence and penalty may DETER other police personal from committing such misconducts/crime? It will also raise confidence of the persons that 'BRAVELY' lodged these complaints - encouraging more people to lodge complains..
As it is, most persons in Malaysia is SCARED to lodge complaints against the POLICE and other law enforcement. Threats of being investigated for making false reports, and/or retaliation by police may be cause of this FEAR. Remember, the case of the couple who complaint about Immigration - they were prevented from entering the country for 6 months..Complain about Malaysian Immigration - Risk of being Refused Entry for 6 Months? - Justice Demands Revocation of the ‘6-month Refusal to Entry’ of Singaporean Couple who were allegedly dissatisfied with Malaysian Immigration Officer/s
What happened to the police involved in the enforced disappearance of
What happened to the police officers that were involved in the death in custody cases? enforced disappearance case?
RM490,000 to widow of Dharmendran(died in police custody) - 4 officers charged for 'murder' remain FREE and in the police? - Remember also some of the EAIC reccomendations
EAIC RECOMMENDATIONS
Based on the findings as stated above, the Commission recommends the following:
1. DISCIPLINARY ACTION BY THE DISCIPLINARY AUTHORITY OF PDRM AGAINST:
(i) The Deputy Head of the CID (Intelligence and Operation) of IPK Kuala Lumpur (SP60), Officer in-charge of D9 (SP27), Second Officer in-charge of D9 (SP39) and D9 Officer (SP44) for jointly or abetting in fabricating false information / misrepresentation of the entries in D9 Lock-up Station Diary (Exhibit P32) in relation to the fact surrounding the death of the deceased.
(ii) The Deputy Head of the CID (Intelligence and Operation) IPK Kuala Lumpur (SP60) and the two members of the Project Team (SP41 and SP43) for instructing the lock-up sentry personnel SP24 to tamper times in entries 3149 and 3150 of the the D9 Lock-up Station Diary (Exhibit P32).
(iii) The Deputy Head of the CID (Intelligence and Operation) IPK Kuala Lumpur (SP60) and Sergent Major Ali of D9 for jointly or abetting in making false police report (Exhibit P38) by using SP25 as the complainant of the report pertaining to the death of the deceased.
(iv) The Officer in-charge of D9 (SP27) and the Project Team Leader (SP44) for an abuse of power or position in instructing the re-arrest of the deceased on 21 May 2013 without any valid justification (Exhibit P50).
(v) The Officer in-charge of D9 (SP27) and Project Team Leader (SP44) for unreasonable delay in giving an access of family member to the deceased which has violated the provision of section 28A of the Criminal ProcedureCode.
(vi) The Officer in-charge of D9 (SP27) and Project Team Leader (SP44) for the failure to supervise the members of the Project Team (SP41,SP42 and SP43) in conducting prompt investigation / interrogation on the deceased which was only carried out on the seventh day (19 May 2013) of the remand.
(vii) The D9 Lock-up sentry personnel (SP24) for leaving the lock-up unattended between 2.30 p.m to 3.00 p.m on 21 May 2013.
(viii) The D9 Lock-up sentry personnel (SP25) for failure to station himself at the lock-up between 3.00 p.m to 4.30 p.m on 21 May 2013.- EAIC’S INVESTIGATION FINDINGS ON THE DEATH OF N. DHARMENDRAN IN POLICE CUSTODY
Did the law enforcement bodies, or the Police Force Commission take action against any the police officers, who the EAIC highlighted their wrongdoings?
Another case - EAIC says Johor man’s 2014 death in custody was murder Police officers that tortured and killed detainee - what will the AG and the Malaysian government do?
The absence of 'seen actions' and prosecution by the police, coupled with NO public explanation by the police and/or prosecutors as to why no action was taken is why Malaysians want the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC).> the key word being INDEPENDENT, i.e. independent of the police and even the State, especially the relevant Ministers in charge of law enforcement, etc
INDEPENDENT POLICE CONDUCT COMMISSION ACT 2022
In Force from: 1 July 2023 [PU(B) 574/2022]
- it really is a 'SORTING CENTER' - refer to MACC, if criminal offence refer to relevant authority,(d) where the complaint involves any act regulated under sections 96 and 97 of the Police Act 1967, the complaint shall be referred to the Head of Department responsible for the member of the police force complained against...
- After referring, what really remains for the Commission(IPCC) to look into ....
25 Classification of complaints
The classification of complaints shall be as follows:
(a) where the complaint involves any offence under Part IV of the Malaysian Anti-Corruption Act 2009 [Act 694], the complaint shall be referred to the Malaysian Anti-Corruption Commission;
(b) where the complaint involves any criminal offence under any other written law, the complaint shall be referred to the relevant authority;
(c) where the complaint involves any misconduct mentioned in section 22, the complaint shall be referred to any officer of the Commission for investigation;
(d) where the complaint involves any act regulated under sections 96 and 97 of the Police Act 1967, the complaint shall be referred to the Head of Department responsible for the member of the police force complained against; and
(e) where-
(i) the complaint is frivolous...
30 Action by Commission after considering findings and recommendations of Complaints Committee
(1) After considering the findings and recommendations by the Complaints Committee under subsection 29(2), the Commission shall take the following actions:
(a) where the findings disclose any offence under Part IV of the Malaysian Anti-Corruption Act 2009, refer the findings to the Malaysian Anti-Corruption Commission;
(b) where the findings disclose any criminal offence under any written law, refer the findings to the relevant authority;
(c) where the findings disclose any misconduct, refer the findings of misconduct to the Police Force Commission with the recommendation for disciplinary action; and
(d) where the findings disclose no misconduct, reject the complaint and inform the relevant Head of Department.
So, after it refers to MACC, relevant authority, Police Force Commission....WHAT HAPPENS? Do the Commission follow up? The Commission now has NO POWER to prosecute, and no power to impose any penalty.... Is it not worthless and a waste of monies.
After all, even without the INDEPENDENT POLICE CONDUCT COMMISSION(IPCC), reports/complaint would naturally be referred to the MACC, relevant authority dealing with criminal offences, to the Head of Department pr Police Force Commission.
It is the failings of these already existing mechanisms to deal with alleged criminal offences and police misconducts that led to the call for an Independent Police Complaints and Misconduct Commission (IPCMC).
When Anwar Ibrahim and the Pakatan Harapan led coalition government came into power, we expected the abolition of the INDEPENDENT POLICE CONDUCT COMMISSION(IPCC), and the reintroduction of the REAL IPCMC - now dissapointingly, Anwar's Minister puts the much criticised IPCC into force
The Independent Police Conduct Commission (IPCC) will be in force starting July 1, 2023, the Home Ministry said. In a Parliamentary written reply, the ministry said it is waiting for the approval of staffing and allocation from the central agency for the establishment of the commission. -
If Anwar's PH-led coalition is simply putting into force the INDEPENDENT POLICE CONDUCT COMMISSION ACT 2022, tabled in Parliament and passed during the reign of the Perikatan Nasional > Can we say, that this government is NO DIFFERENT from that the past PN government. I would have expected, the real IPCMC to be brought back by Anwar...
34 police officers fired this year, says Bukit Aman
They were among nearly 500 officers against whom disciplinary action was taken.
KUALA LUMPUR: A total of 496 police officers were subject to disciplinary action, including 34 who were dismissed during the first five months of this year.
Director of Bukit Aman’s integrity and compliance department Azri Ahmad said of that number, 309 were given warnings, 88 were fined, 51 forfeited emoluments, eight had their increments postponed, three had their salary cut and a further three were demoted.
“We have never compromised when it comes to dealing with any police officer involved in any corrupt activity, misconduct or abuse of power,” he said at Bukit Aman today.
Azri said last year, police had taken similar action — dismissed officers (154 instances), issued warnings (891), imposed fines (232), forfeited emoluments (119), postponed salary increments (38), cut salaries (17) and demoted officers (15).
In 2021, police dismissed 117 officers, issued warnings (913), imposed fines (316), forfeited emoluments (150), postponed salary increments (34), cut salaries (16) and demoted officers (25).
“If the offence committed by a member of the force is clear in terms of breaking the rules and we receive a police report, we will open an investigation paper.
“If he or she is involved in corruption, the Malaysian Anti-Corruption Commission will conduct an investigation. The integrity and compliance department will also open a disciplinary paper,” he said- FMT,6/7/2023.
Asked about IPCMC, Home Ministry instead says Independent Police Conduct Commission will be in force July
KUALA LUMPUR, Feb 22 — The Independent Police Conduct Commission (IPCC) will be in force starting July 1, 2023, the Home Ministry said.
In a Parliamentary written reply, the ministry said it is waiting for the approval of staffing and allocation from the central agency for the establishment of the commission.
This was in response to DAP Kepong MP Lim Lip Eng’s question on the status of the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC).
It has been close to two decades since the Royal Commission of Inquiry (RCI) recommended the setting up of the IPCMC but it is still nowhere near to becoming a reality.
The closest it came to fruition was when the Pakatan Harapan (PH) government tabled the IPCMC Bill in 2019.
It however received criticisms due to the lack of consultation with relevant parties, sending the Bill for review by a Parliamentary select committee (PSC).
The Bill was later replaced when Perikatan Nasional (PN) took the government, with the Independent Police Conduct Commission Bill.
Lim had also asked about the implementation status of body cameras to be worn by the police, how many units have been procured, the model type and cost of each unit.
The Home Ministry said it has plans to purchase 7,648 units of Body Worn Camera (BWC) with an estimation of RM2,000 to RM2,500 per unit.
In December last year, Home Minister Datuk Seri Saifuddin Nasution Ismail announced that the government has allocated a budget of RM30 million for the purchase of body cameras for the police.
He said the body cameras have been deemed a “necessity” but added that its acquisition will follow the due procurement process.
Prior to that, in 2021, the previous government had approved an allocation of RM30 million under the 12th Malaysia Plan to purchase body cameras for the police.
On January 31, Lim raised the issue following a raid at an underground music gig in George Town, Penang, that purportedly did not have an entertainment licence.
During the raid, four people were arrested. However, three were detained for filming the police raid.
The three were told by police that photographing raids was not allowed and asked them to delete the photos. They were eventually released, an hour after they were arrested.- Malay Mail, 22/2/2023
The Malaysian Bar has expressed disappointment over the Independent Police Conduct Commission (IPCC) Act 2020 which will be enforced in June 2023, saying the act is “toothless” and “lacks authority” to uphold police accountability.
They were referring to the announcement made by Home Minister Saifuddin Nasution Ismail on Dec 13 and cited the phenomenon of deaths in police custody as a prime example of the IPCC’s shortcomings.
“The public has a right to expect that the police will act with utmost fairness when dealing with the community they serve.
“It is therefore only right that there should be an independent oversight body to preside over one of our country’s most important public services - the police force,” the Malaysian Bar president Karen Cheah said in a statement today.
The organisation has been vocal over the past years on the enforcement of the act, opting for the Independent Police Complaints and Misconduct Commission (IPCMC) to be established instead of the IPCC.
The IPCMC has similar functions to IPCC except it is conducted by an independent group that is not tied to the police force.
“It goes without saying that the police cannot police themselves.
“The IPCMC will provide the police with the dignity and respect it rightly deserves by addressing the misconduct committed by a few of its members.
“Which brings disrepute to the rest of the hardworking men and women in blue who are committed to serving our nation and its people,” the group’s president said.
The IPCMC Bill was initially tabled in 2018 but it was replaced with the IPCC in 2020 when Perikatan Nasional became government.
‘Too many flaws with its mechanism
The Malaysian Bar believed that the IPCC failed to be transparent and to provide a better-regulated police force.
They pointed out that the commissioners of the act are appointed by the Yang di-Pertuan Agong, where the chief executive officer of the commission is appointed by the home minister which further undermines any form of independence with its mechanism.
It was also stated that when the commission makes visits to police premises such as stations and lock-ups, they will need to provide early notice.
This renders the visits ineffective as the authorities will have time to make arrangements that are not reflective of their actual situations.
Furthermore, the IPCC commission has no objections to former police officers and government officials being appointed as commissioners, blurring the line between the higher-ups and the force.
“One of the main differences between the IPCMC and the IPCC is that under the IPCC, the commission cannot act against police officers who have committed wrongdoing, but can only recommend proposed action to the Police Force Commission or other relevant authorities.
“It is a toothless piece of legislation that does not effectively achieve the intended objective,” said Cheah.
The group claimed that good policing requires the public’s trust which can be done by establishing a system of civilian oversight. They said that external scrutiny is the official mark of any democratic police force - one that is responsible for the needs of the public.
“The Malaysian Bar, therefore, calls upon the government to substantially amend the IPCC Act to incorporate the necessary provisions as those found in the IPCMC Bill to bring about police accountability.
“The police wield great amounts of power, and it is only logical that a proportionate amount of responsibility and accountability must follow correspondingly,” Cheah concluded.
Edict: Malaysian Bar got it wrong
Lawyer and president of Edict (Eliminating Deaths and Abuse in Custody Together) M Visvanathan responded to the Malaysian Bar’s statement, claiming that the organisation has misunderstood the actual mechanisms of both the IPCC and IPCMC.
“The IPCC or IPCMC misconduct mechanism set up to inquire into an alleged misconduct is not a custodial death inquiry,” he said.
Visvanathan also stated that the issue overlooks the fact that there are also deaths in custody such as prisons, immigration centres, drug enforcement agencies and the MACC.
The controversial IPCC Bill was passed by a voice vote in the Dewan Rakyat on July 26. It will be effective starting June of next year, according to Saifuddin.
Former home minister Hamzah Zainudin said the bill is meant to improve the integrity of the police force and reduce misconduct.
Pakatan
Harapan, the opposition coalition then, slammed the decision as the
IPCC Bill does not fulfil the desired institutional reform and stressed
that the act was a watered-down version of the IPCMC. - Malaysiakini, 22/12/2022
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