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'EAIC has no powers, IPCMC cannot function under the present EAIC Act’

LETTER | National Human Rights Society of Malaysia (Hakam) welcomes the announcement by the prime minister that the Enforcement Agency Integrity Commission (EAIC) will be strengthened and converted to the Independent Police Complaints and Misconduct Commission (IPCMC).

The Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police (Royal Commission) has recommended that the IPCMC be set up as an independent external commission tasked solely to receive and investigate complaints of misconduct and abuse against the police. Such external oversight mechanisms have been effective in bringing about police accountability in other jurisdictions.

The EAIC, in its present form, has failed to bring about police accountability in Malaysia. The EAIC has the power to investigate and document complaints, wherein the recommendations are submitted to police. However, EAIC cannot compel the police to accept or implement its recommendations. Furthermore, the EAIC has no enforcement powers. As such, the IPCMC cannot function under the present EAIC Act 2009.

It is imperative that the IPCMC Bill, as drafted by the Royal Commission, be enacted into legislation to have an effective IPCMC as the bill is based on International Standards on Police Accountability.

The IPCMC must be an independent commission that has the power to receive and investigate complaints and misconduct in the police force and impose the relevant penalties for misconduct against police personnel.

We strongly are of the view that the establishment of IPCMC would lead to the elimination or reduction of the deaths in custody, abuse by the police, corruption, deaths from shooting and police inaction on complaints received.

The IPCMC will lead to a professional and disciplined police force that is based on the values of integrity, efficiency, accountability and service.
 


The writer is Deputy President of National Human Rights Society (Hakam)

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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