The Retired Senior Police Officers Association (Respa) of Malaysia and eight other retired police officers’ associations have strenuously objected to the formation of the Independent Police Complaints and Misconduct Commission, which has the power to take disciplinary action against police personnel for wrongdoings.
Respa president Mohd Ismail Che Rus said the IPCMC’s formation clearly took over the functions and roles of the Police Commission (SPP) as stated in Article 140 of the Federal Constitution regarding issues related to investigations and disciplinary action against its members.
“We feel that the Royal Malaysian Police does not need an outside body to monitor disciplinary control as it will jeopardise the powers of the inspector-general of police in terms of issuing orders and controlling discipline.
“This situation will have a negative impact on the police force as a regimented and para-military institution based on a chain of command and control,” he told a press conference at Pulapol in Kuala Lumpur today.
The other eight bodies are the Veteran VAT69 Commando Association, BN 7 Police Field Force Association, Former Special Actions Unit (UTK) Association, Johor Retired Police Officers Association, Squad 72 Association, Melaka Retired Police Officers Association, Malaysian Police Pensioners Association, and the Malaysian Former Police Officers Association.
Mohd Ismail said there were several existing monitoring and regulatory bodies, among them the MACC, the Public Officers (Conduct and Discipline) Regulations 1993, and the Enforcement Agency Integrity Commission 2009, to monitor all aspects of wrongdoings by civil servants, including in the police force.
“The police force also has the Integrity and Standard Compliance Department (JIPS), which is responsible towards the conduct of police personnel... what needs to be done is to strengthen the existing SPP instead of forming the IPCMC,” he said before urging new Inspector-General of Police Abdul Hamid Bador to make his stand on the formation of the commission.
Mohd Ismail clarified that Clause 45 in the IPCMC was also against the rules of natural justice as any sentence or punishment by the IPCMC was final and could not be challenged, appealed, studied, cancelled or brought to court.
He stressed that the IPCMC also contradicted Section 4 of the Police Act 1967 as it had full power to take over investigations from the IGP and could order for an immediate stop of any investigation being carried out by the police force.