Reject the Police Complaints Bill in Malaysia

[ASEAN NOW Content Team]

 

Human Rights Watch, Amnesty International Malaysia, ARTICLE 19, and CIVICUS issued a joint statement today urging the Malaysian parliament to reject the proposed police complaints law and establish an independent commission to ensure true accountability for police abuses.
During the current session of parliament, the government plans to introduce the Independent Police Complaints Commission (IPCC) bill for a second reading.

 

According to Linda Lakhdhir, Asia legal counsel at Human Rights Watch, "the police complaints bill is a big step backward for police accountability in Malaysia."
"The planned police complaints commission will be unable to adequately investigate police misconduct or ensure that police crimes are prosecuted fully and fairly."

 

According to the organisations, the planned Independent Police Complaints Commission would be much weaker than the current complaints body, the Enforcement Agency Integrity Commission (EAIC).
The new commission would have no search and seizure authority, limited compulsion of evidence production powers, and no ability to convene hearings.
It would be prohibited from examining any act covered by the Inspector-General Standing Orders, which cover a wide range of topics including arrest procedures, detainee treatment, and the use of firearms.

 

The IPPC commissioners would also be prohibited from visiting police stations, lockups, or detention facilities without first informing the chief of police.
Most importantly, the panel would have no authority to penalise or prosecute offenders even if it discovered wrongdoing or abuse.
Instead, it would be limited to giving recommendations to bodies like the Malaysian Police Force Commission, the Malaysian Anti-Corruption Commission, and other relevant agencies.

 

For decades, allegations of police corruption and disproportionate use of force have hounded the Malaysian police, culminating in the formation of the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Force in 2004.
The commission recommended in 2005 that an impartial organisation be established to investigate police misconduct accusations and take appropriate disciplinary action.
The EAIC, which was established in 2009 but lacks the jurisdiction to charge or discipline officers for misconduct, has failed to hold police officers accountable.