The recent police’s fatal shooting of three suspects in Durian Tunggal, Malacca, has reignited discussions about police reforms and a 2019 proposal to establish an Independent Police Complaints and Misconduct Commission (IPCMC).
This came after the men's families accused police of committing murder, based on an audio recording that allegedly documented moments when the suspects were shot after being arrested.
While two government MPs who spoke to Malaysiakini believed that it is time for the government to revisit the IPCMC proposal, several activists are demanding a more immediate approach in the form of an integrated special task force to probe the Nov 23 incident.
Pasir Gudang MP Hassan Abdul Karim reiterated his call for the government to set up IPCMC to replace the Independent Police Conduct Commission, which he regarded as a "failure" and a mere "cosmetic substance".
"I strongly believe Malaysia needs IPCMC. The many occasions and tragedies involving deaths in custody and the arbitrary shooting of suspects warrant the formation of a strong and credible commission to handle issues of police brutality and abuse of power.
"IPCMC is the answer. As an MP of Pakatan Harapan, I felt strongly sad and betrayed when the Harapan 1.0 government and now Harapan 2.0 coalition government abandoned their promise to bring reform to national security agencies like the police in parallel with the democratic and human rights agenda of the Harapan government," he said.
The PKR man added that the Durian Tunggal killing showed that IPCMC should no longer be delayed.
"Don't call your government a 'harapan' government (government of hope) when people feel no hope for justice to be practised in this beloved country."
Integrity at stake
Klang MP V Ganabatirau from DAP pointed out that police integrity is now at stake following the latest incident.
Public trust is shaken amid conflicting accounts of what transpired, which led to the men being shot dead. Their families have disputed the police’s claim of self-defence.
"An independent and transparent investigation is absolutely essential to restore confidence in our police force.
"This is why the establishment of the IPCMC - as a truly independent and respected oversight body - is more crucial now than ever.
"Civil society is increasingly concerned about potential brutality, misconduct, or abuse of power within the police force.
"Only a credible and impartial investigative mechanism can address these fears and ensure that justice is not only done, but seen to be done," he said.
Similarly, Suhakam has also renewed its call for the establishment of IPCMC, saying that its framework would provide Malaysia with a stronger and more credible institutional mechanism for addressing police conduct and strengthening public trust.
Additionally, the commission recognised that the country requires a fully independent and fully empowered external oversight body consistent with international best practices.
"Reforms must include stronger monitoring and reporting systems, greater transparency in complaint-handling processes and sustained political will to advance cultural and procedural change.
"Such reforms (are the foundation) to strengthen public confidence, improving oversight and ensuring accountability across enforcement agencies," the commission said in a brief response to Malaysiakini's request for comments.
Police cannot probe themselves
On the other hand, several activists and human rights organisations claimed that IPCMC is not enough to investigate the shooting case, as the allegations against the police officers involved in the incident were heavier than mere misconduct.
Eliminating Deaths and Abuse in Custody Together (Edict) chairperson M Visvanathan said the case shows pressing needs for the government to look into forming an independent committee to investigate these claims against the officers involved.
"Basically, I am of the view (that) the police cannot investigate themselves, it’s rubbish. Whether Bukit Aman or its Integrity and Standard Compliance Department (investigating claims against police), it’s absolute nonsense," he said.
Visvanathan further said that the idea behind IPCMC is for authorities to investigate their officers’ misconduct, not criminal-like claims.
Which, in the Durian Tunggal case, he added, the claims against the officers involved cannot be defined as “misconduct” for that would "belittle" a criminal offence, especially when there are audio and transcripts detailing the exchange leading up to the alleged shooting.
"It’s more than misconduct, so to suggest IPCMC investigate this case is not right.
"There must be an independent (committee to) set up another royal commission if there needs to be, to look into the overall how police conduct themselves or to look into the 2005 royal commission’s recommendations.
"For this particular case, the immediate concern would be criminal prosecution.
“So a task force, by the police, that is independent (and) instils confidence would mean having its appointed members publicly named, similar to the 1MDB case," he said, adding that it would be a good idea to have a senior public prosecutor heading such a task force.
Hands-on approach
Visvanathan added that if such a task force is formed and there is enough evidence for criminal prosecution, then the responsibility shifts to the Attorney-General’s Chambers (AGC) to prosecute.
Such a task force must have a hands-on approach from the very beginning to convince the public that they really want to "get the perpetrators".
"That’s one way of doing it… If the evidence or statements are not enough to prosecute post-investigation, and the families are convinced that the authorities are involved, then they can go to the Coroner’s Court as per Section 334 of the Criminal Procedure Code.
"Sometimes the evidence is not enough to bring (a) prosecution, but if the family are still convinced something had happened, then they should get the court involved. This would be the second option.
"This is so, at the end of the day, the AGC can make a decision to prosecute based on evidence collected (either via a task force or) during the inquest," he said.
Zero interference
Global Human Rights Federation (GHRF) president S Shashi Kumar said the case reinforces the urgent need for a truly independent, empowered and transparent oversight commission, one that can investigate police wrongdoing without interference and ensure real accountability.
"You cannot expect the police to objectively investigate wrongdoing committed by their own officers.
"(We at GHRF have repeatedly) experienced this systemic flaw (where) reports lodged regarding misconduct or abuse often go silent, with the only response being, ‘the police are still conducting their investigation’.
"These prolonged or stalled investigations show that the current mechanism lacks transparency, independence, and accountability," he told Malaysiakini.
For real reform to happen, he added, the country needs an oversight body that is fully independent, empowered with investigative authority, and not influenced by the police hierarchy.
Only such a body can restore public trust, ensure genuine accountability, and address the longstanding issues that victims and civil society have been raising for years, he said.
No justification to shoot
Human rights advocate Charles Hector shared the same sentiment, adding that the police cannot inflict punishment even if they are 100 percent convinced of the deceased’s guilt.
"In most past police shoot-to-kill cases, the police talk about 'criminal record’ (but) what criminal record? The court considers only past criminal convictions by the court as criminal records.
"There can be no justification for the police to prematurely punish anyone, or worse, to kill them, especially when there are lawful steps that the public prosecutor can take to prosecute them should their claims of 'past criminal records' stand true,” he said, adding that the duty of the police is just to arrest.
He further said that if it has been alleged police shot someone dead, the allegations must be investigated as murder.
"If it’s not murder (then) the court will amend the charge. (Or) if it is a crime, it is wrong to deal with it as misconduct.
"Most of the alleged actions of the police that most likely will be referred to IPCMC are crimes, not small misconduct - be it corruption, death in custody, police shooting, failure to investigate or destruction of evidence.
"Nobody is bothered with minor police misconduct like tardiness."
He added that the term misconduct in IPCMC should not be given a narrow interpretation to mean simply employment disciplinary misconduct. - Mkini
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