The government will take into account all criticisms raised following the first reading of the Independent Police Complaints and Misconduct Commission (IPCMC) Bill 2019 before proceeding to the next stages, according to de facto Law Minister Liew Vui Keong.
Liew said this was because there are still a few months left before the bill, which was tabled for first reading on July 18, will proceed to the second and third readings in the next Parliament session in October.
"Now we have about three months because Parliament will resume again on Oct 7 until Dec 5.
"We have about two months to look into all these comments and things like that," Liew said at a press conference in Putrajaya today after officiating a two-day workshop to discuss improvements for the protection of whistleblowers in Malaysia.
Among others, Suara Rakyat Malaysia (Suaram) adviser Kua Kia Soong said that while the IPCMC Bill covered all manners of police misconduct, the issue of deaths in custody was addressed only in passing under a "miscellaneous" section.
Human Rights Watch Asia director Phil Robertson meanwhile said the bill also fails to clarify the commission’s powers to order criminal investigations of police officers and provide effective oversight of criminal prosecutions.
"While the commission is empowered to investigate criminal offences by the police, the bill states that ‘where the findings disclose any criminal offence under any written law’, the commission ‘shall refer the findings to the relevant authority’," he had said in a statement.
Robertson noted that the bill does not specify whether the relevant authority is the Attorney-General’s Chambers or the police, nor does it empower the commission to take follow-up action if no investigation is pursued.
Liew today clarified the IPCMC is empowered to investigate disciplinary misconduct, but any element of corruption or criminal offence will be dealt with concurrently by the relevant authorities.
"If there are allegations of misconduct, then the IPCMC will set up a taskforce to look into that.
"But the investigative power will be left to MACC if it involves corruption, and if there are criminal offences, it will be with the police force," he explained.
"Of course I welcome all comments and constructive criticisms and we will look into that," he added.
The tabling of the bill comes 14 years after the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, led by former chief justice Mohamed Dzaiddin Abdullah, recommended the creation of the IPCMC.
Among the functions listed for the commission is "disciplinary control over all members of the police force".
The commission will also be tasked with promoting the integrity of the police force; investigating complaints of misconduct against the police; and formulating mechanisms to detect, investigate and prevent misconduct. - Mkini
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