PETALING JAYA: The Independent Police Conduct Commission (IPCC) Act has come into force, but it has flaws that need to be addressed to ensure police accountability, says the National Human Rights Society (Hakam).
The IPCC, which came into effect yesterday, was introduced after the long-proposed Independent Police Complaints and Misconduct Commission (IPCMC) Act was tabled by the Pakatan Harapan government in 2019.
However, the IPCMC Act was scuttled when that administration collapsed in 2020.
Calling for an amendment to the new Act, Hakam president Datuk Seri M. Ramachelvam said several key provisions in the IPCMC Bill 2005 and the IPCMC Bill 2019 had been left out in the IPCC Act 2020.
“The key areas that need to be incorporated into this new Act include the reinstatement of disciplinary authority to the IPCC,” he said in a statement yesterday.
He said the IPCMC Act vested disciplinary authority with the commission, but the IPCC could not act against police officers found guilty of wrongdoing. It can only recommend proposed actions to the Police Force Commission or other relevant authorities.“It is imperative for the IPCC to be vested with disciplinary authority to ensure police accountability,” he said, adding that the scope of misconduct had also been restricted.
He said the IPCC Act stated that any misconduct regulated under Sections 96 and 97 of the Police Act 1967 falls outside the purview of the commission.
“The Inspector-General’s Standing Orders (IGSO) 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 IGSO,” he added.
Ramachelvam said the new Act also did not incorporate search and investigation powers.
“The search and investigation powers provided to the Enforcement Agencies Integrity Commission (EAIC) are also not given to the IPCC. The commission 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 Ministry.
Ramachelvam said the classification of sensitive information should also not be in the hands of department heads but in the hands of the police chief or his deputy.
“Matters pertaining to official secrets or prejudicial to national security should be held in-camera to maintain confidentiality and secrecy,” he said.
When contacted, Bukit Aman said the matter was under the purview of the Home Ministry.
As of press time, The Star was still trying to reach out to Home Minister Datuk Seri Saifuddin Nasution Ismail.
