Veteran activist Ivy Josiah has questioned the wisdom of setting up the Criminal Investigation Unit (CIU) on Deaths in Custody as announced by Home Minister Hamzah Zainudin earlier this week, saying that it was very unlikely to achieve the desired check and balance.
"The twists and turns on this road to setting up an Independent Police Complaints and Misconduct Commission (IPCMC) have been treacherous since the key recommendation was made in 2005 by the Royal Commission to Enhance the Operations and Management of the Royal Malaysian Police," she told Malaysiakini.
"While this new initiative may act as an internal check and balance, we will still need to institute an external independent body that will investigate serious misconduct including deaths in custody, and set the standards by which the police should handle complaints.
"Simply put - the police cannot be left to police themselves," said Ivy who sat on the original commission in 2005.
Hamzah announced on Monday that the special CIU will be staffed by 12 police personnel and a civilian staff member.
"This unit will begin operation on Jan 1 next year, headed by a police superintendent. Beginning this date, all deaths involving detainees will be handled by this unit,” he said.
Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamy also expressed concerns after this announcement.
"Suaram is of the view that the CIU is merely set up to conceal the police's inability to address and prevent deaths in police custody properly.
"With the controversial deaths such as A Ganapathy and S Sivabalan in the same police station during the same month earlier this year, the issue of death in police custody remains a bane in Malaysia and has tarnished the reputation of the Royal Malaysian Police," he said.
Today is International Human Rights Day and Malaysiakini has prepared a special report highlighting the loss of hundreds of lives behind bars through the years.
Sevan also said that the setting up of the CIU might also mean that the police recognise the concerns and anger against unaccountable deaths in police custody.
"While Suaram welcomes any effort by the Home Ministry and police to prevent or investigate any deaths in police custody, we are not convinced that the CIU would be able to investigate custodial deaths in a free and fair manner and ensure those who are criminally liable to be held accountable.
"As announced by the home minister himself, the CIU will come under Royal Malaysia Police's (PDRM) Integrity and Standards Compliance Department (JIPS).
"However, questions about its impartiality were raised previously against the disciplinary committee, which was set up to address the issue of police misconduct.
Suffer the same fate
"Former IGP Abdul Hamid Bador himself has claimed that JIPS was sheltering certain officers who are under investigation while Ayob Khan, the chief police officer of Johor, has once revealed that he would not submit names of police officers to JIPS for investigation due to a lack of trust," he added.
Sevan said this pointed to a high possibility that JIPS is compromised and unable to discharge its responsibilities effectively and that the CIU, which falls under the purview of JIPS, would likely suffer the same fate.
"Since the incoming ICU will be headed by a police superintendent, staffed by 12 police officers and one civilian, the ICU would just be another case of police investigating the police where any abuses or misconduct would be swept under the carpet.
"Only a truly independent police commission such as the original proposed IPCMC - not the IPCC Bill that Hamzah's government has tabled – could help restore the confidence and trust of Malaysians towards the police force," he added. - Mkini
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