The new draft of the Independent Police Complaints and Misconduct Commission (IPCMC) Bill should be released for public consultation before being tabled in Parliament, a stakeholders group said today.
Bar Council IPCMC taskforce co-chairperson M Ramachelvam said there were various suggestions made based on the original 2005 IPCMC draft bill, which could then be compared to the current one being prepared by the Enforcement Agencies Integrity Commission (EAIC).
“We understand the IPCMC Bill is being finalised by the government.
"Our call upon the government is that before the bill is tabled in Parliament, let the relevant consultation be held, with the Bar Council, civil society and other stakeholders," said Ramachelvam after a stakeholders roundtable meeting at the Bar Council building in Kuala Lumpur this morning.
"It is imperative that the bill receives widespread consultation to take into account the various suggestions for improvements to the bill," he added.
Looking at the existing IPCMC draft bill, Ramachelvam said its final form should retain a provision to provide the police oversight body with disciplinary powers ranging from a demotion in ranks to dismissal from the force.
"Without disciplinary powers, the IPCMC will be a failure," he noted, adding that the existing EAIC had carried out its duties but was less effective with limited resources and a wide mandate.
At the same time, Ramachelvam (below) said the IPCMC will not have the power to prosecute criminal offences, although it would make the necessary recommendations to the Attorney-General's Chambers.
Taking into account past concerns raised by the police, he said the Bar Council had proposed amendments including to recognise the police personnel's right to legal counsel and an automatic right to appeal their case in court.
Meanwhile, Malaysian Bar vice-president Roger Chan stressed that the IPCMC's formation was intended to reinstil public's confidence in the force, partly tarnished by a few "bad apples" involved in alleged acts of torture, police brutality and death in custody.
"Take for example death in custody. We all know people have died, but the main important thing is we must know the process of which how they died.
"So frivolous answers like they slipped on a banana skin is unacceptable," he said.
Echoing Ramachelvam's call, Chan said the government should release the new draft bill towards a final tabling and setting-up of the long-awaited police oversight body.
Society for the Promotion of Human Rights (Proham) secretary-general Ivy Josiah meanwhile said their group also aims to address concerns by the police that IPCMC will be an added burden in carrying out their duties.
While stressing that law-abiding police personnel should have nothing to fear, she said IPCMC's disciplinary powers will help to weed out the bad elements in the force.
Earlier this month, newly minted Inspector-General of Police Abdul Hamid Bador became among the first top cop to support IPCMC, stating that he wanted the body to serve both the force and the ordinary public.
The IPCMC is a thorny subject for the police with Hamid's predecessor Mohamad Fuzi Harun among those who objected to it. - Mkini
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