PETALING JAYA: Flaws in the Independent Police Conduct Commission (IPCC) need to be addressed in order to bring about police accountability, says the National Human Rights Society (Hakam).
Its president Datuk Seri M. Ramachelvam (pic) said several key provisions as stated in the Independent Police Complaints and Misconduct Commission (IPCMC) Bill 2005 drafted by the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police (Royal Commission) and the IPCMC Bill 2019 have been omitted from the IPCC Act 2020.
"The Recommendations by the Parliament Select Committee on matters pertaining to the IPCMC Bill 2019 have also not been fully incorporated into the IPCC Act 2020.
"The key areas that need to be incorporated into the IPCC Act 2020 include the reinstatement of disciplinary authority to IPCC," he said in a statement Saturday (July 1).
He said the IPCMC Bill 2005 and the IPCMC Bill 2019 vested disciplinary authority with the Commission.
"The IPCC Act 2020 does not have disciplinary authority and any findings of misconduct with the relevant recommendations has to be referred to the Police Force Commission.
"It is imperative for the IPCC to be vested with disciplinary authority to ensure police accountability," he said, adding that the scope of misconduct has also been restricted.
He said the IPCC Act 2020 states that any misconduct regulated under Section 96 and Section 97 of the Police Act 1967 falls outside the purview of the IPCC.
"The Inspector General’s Standing Orders (IGSOs) made pursuant to Section 97 of the Police Act 1967 prescribes more than 100 minor and major misconducts.
"There would be very little for the IPCC to investigate as most of the misconduct would be within the purview of the IGSOs," he said, adding that the prohibition against investigating misconducts regulated under Sections 96 and 97 of the Police Act should be removed for the IPCC to ensure police accountability.
He said the IPCC Act 2020 does not incorporate search and investigation powers as provided in the IPCMC 2005 Bill.
"The search and investigation powers provided to the Enforcement Agencies Integrity Commission (EAIC) are also not given to the IPCC under the IPCC Act 2020.
"The IPCC should be vested with the requisite search and investigation powers to function effectively," he said, adding that the appointment and removal of the Commissioners should be vested in the relevant Parliamentary Select Committee, instead of the Prime Minister and it should not be under the Home Affairs Ministry.
Ramachelvan said the classification of sensitive information should not be in the hands of Heads of Department but should be placed in the hands of the IGP or Deputy IGP.
"Matters pertaining to official secrets or prejudicial to national security should be held in-camera to maintain confidentiality and secrecy.
"Therefore, Hakam calls upon the Government to immediately amend the IPCC Act 2020 to incorporate the aforesaid recommendations on an urgent and immediate basis to ensure police accountability in Malaysia," he said.
