DEMAND A POLICE MISCONDUCT COMMISSION THAT IS EFFECTIVE AND INDEPENDENT

Send an email to your MP demanding that they reject the IPCC bill which will be tabled for a second reading this parliamentary session, and that they call for the establishment of a police misconduct commission that is effective and independent.

It was announced by the Home Minister that the government will proceed with the second reading of the IPCC 2020 bill in the current parliamentary session. While this initially seems like good news, the bill in this form is diluted and weak, with the IPCC even weaker than the existing system under the Enforcement Agency Integrity Commission (EAIC).

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Send an email to your MP demanding that they reject the IPCC bill which will be tabled for a second reading this parliamentary session, and that they call for the establishment of a police misconduct commission that is effective and independent.

It was announced by the Home Minister that the government will proceed with the second reading of the IPCC 2020 bill in the current parliamentary session. While this initially seems like good news, the bill in this form is diluted and weak, with the IPCC even weaker than the existing system under the Enforcement Agency Integrity Commission (EAIC).

Here are some of the key weaknesses of the proposed commission:

The Commission does NOT have the authority to conduct the conviction process but can ONLY make recommendations to other enforcement bodies (like the MACC Or the Police Force Commission)
Police officers can be members of the IPCC
Commissioners are appointed by the PM, while the Secretary of the IPCC is appointed by the Home Affairs Minister
Those testifying have the right of refusal to answer questions that would expose a police officer to a criminal charge
Section 96 and 97 of the Police Act exempt from IPCC. This consists of the Inspector General’s Standing Orders (IGSOs), which includes over 100 minor and major misconducts
No timelines mentioned to refer, classify, and investigate complaints
No requirements for the commission to consult and involve CSOs in its work

The IPCC to be established by this bill is not only not given sufficient powers and independence to deal with police misconduct effectively, but is even weaker than the existing system. under the Enforcement Agency Integrity Commission (EAIC).

These views were also shared by various parties, including Amnesty International Malaysia, the Malaysian Human Rights Commission (Suhakam), the Bar Council, Suaram, Human Rights Watch and many more. If the IPCC bill is passed, Malaysia will go further and further away from the establishment of an independent and effective commission as recommended by the Royal Commission in 2005.

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Demand MPs reject the IPCC and form an effective and independent IPCMC

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Subject:

Yang Berhormat,

With all due respect I refer to the above.

The Home Minister reportedly announced to Parliament on 22nd September 2021 that the government will proceed with the second reading of the Independent Police Conduct Commission (IPCC) 2020 bill in the current parliamentary session.

I would like to record my disappointed stance with the government's decision to table this very weak and ineffective bill. This bill does not meet the urgent and long overdue need for a robust, independent and effective police complaints and misconduct commission. As your constituent, I therefore ask that you reject this IPCC bill.

The IPCC to be established by this bill  does not give the commission sufficient powers nor the required independence to deal with police misconduct effectively. Shockingly, it is also weaker than the existing system under the  Enforcement Agency Integrity Commission (EAIC).There are many weaknesses in this bill, including the following::
 
•	Visits to detention centers and all police premises require prior notice:
Section 5 (2) (b): Make visits to any place and premises such as police stations, police staff houses, lock-ups and detention centers by giving prior notice to the relevant Head of Department and make any necessary recommendations
 
•	The Commission does not have the authority to conduct the conviction process but can only make recommendations to other enforcement bodies, such as the MACC or the Police Force Commission:
Section 30: “After considering the findings and recommendations of the Complaints Committee under subsection 29 (2), the Commission shall take the following actions:
(a) if the finding reveals any offense under Part IV of the Malaysian Anti-Corruption Commission Act 2009, refer the finding to the Malaysian Anti-Corruption Commission;
(b) if the findings disclose any criminal offense under any written law, refer the findings to the relevant authority;
(c) if the finding reveals any misconduct, refer the finding of misconduct to the Police Force Commission with a recommendation for disciplinary action; and
(d) if the findings reveal no misconduct, reject the complaint and inform the relevant Head of Department.
 
•	Exceptions are given to Sections 96 and 97 of the Police Act 1967, and this includes matters such as the Inspector General of Police Standing Orders (IGP Standing Orders), conditions of use of weapons, treatment of detainees and so on.
[Section 22 (2)]: Notwithstanding subsection (1), misconduct does not include any action regulated under sections 96 and 97 of the Police Act 1967
 
•	Witnesses are granted exemptions and may refuse to answer questions if it tends to expose a police officer to criminal charges. They may also refuse to disclose information if it is classified as sensitive or detrimental to national security or national interest. This provision is too broad and easily misused.
[Section 27 (4)] A member of the police force, an officer of a public body or a person examined under paragraph (1) (a) shall be legally bound to answer all questions put to him by an officer of the Commission, but a member of the police force, public body officer or the person—
(a) may refuse to answer any question the answer to which tends to expose a member of the police force, an officer of a public body or the person to a criminal charge or a penalty or forfeiture; or
(b) may refuse to disclose sensitive information if it is certified by the Head of Department that the submission of such sensitive information will be detrimental to national security or national interest.

These are just a few key examples of why this bill should be rejected.

I hereby reaffirm  my support for the establishment of a police misconduct commission that is robust effective and independent. This is especially urgent given how frequent cases of custodial deaths occur. Among those who died this year were Mohd Afis Ahmad (28 January), Ganapathy (18 April), S Sivabalan (20 May) Umar Faruq bin Abdullah (3 June) and many others.
As people in Malaysia, we have waited decades for a commission that can meaningfully address the unchecked powers of the police, and provide us with the necessary systems for accountability and justice.

Yang Berhormat, I trust that you will listen to the voices of victims, your constituents, SUHAKAM, the Bar Council, numerous human rights actors, civil society and others in Malaysia in doing everything within your power to stop the IPCC . With great urgency I ask you to ensure Parliament enacts a robust,  effective and independent police complaints and misconduct commission (IPCMC) with all the powers outlined by the Royal Commission of Inquiry 16 years ago. 
 
 
Thank you.

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