Give fangs to 'toothless' IPCC to bite down on police violence - CSOs

Strengthening the Independent Police Conduct Commission (IPCC) through transparency and accountability are the sharp fangs it needs to end police violence.

A group of 57 civil society organisations (CSOs) said in a joint press conference this morning that “inherent structural deficiencies” within the IPCC will render it “toothless” regardless of its members’ experience and competence.

“The IPCC has no power to search or seize, cannot visit police lock-ups without prior notice, cannot even take disciplinary action against offenders and can only make recommendations to the Police Force Commission for further action.

“When it makes a proposal to the Police Force Commission, the commission can choose not to take or implement the proposal,” said Suara Rakyat Malaysia (Suaram) coordinator Wong Yan Ke.

He pointed to the widening trust deficit between the public and the police, saying that steps can be taken to mitigate it while improving the IPCC.

Numerous cases

Last month, a suspect died after spending four days in police custody in Langkawi, Kedah.

A senior police officer was also arrested in December for his alleged involvement in a car accident which killed a 17-year-old motorcyclist in Ipoh, Perak.

Before that, in November, the family of Mohd Nahar Kamsah, who died in custody at the Sungai Besar police station in Selangor, urged for the case to be investigated as a murder.

The CSOs called on the IPCC to arrange a meeting with them as soon as possible to explore ways to improve the commission.

“Concurrently, we also call on the government to implement an open and transparent selection process for the remaining two commission member vacancies, whilst ensuring that the composition of IPCC reflects current societal diversity,” they said.

Besides that, they urged the government to amend legislation, particularly the IPCC Act 2020, and to improve policies to uphold best practices and international standards.

“It is also imperative that there be a periodic review of the commission’s performance and effectiveness once every two years, with review findings presented in Parliament,” they added.

Police SOPs a secret

Malaysian Centre for Constitutionalism and Human Rights (MCCHR) chief human rights strategist Firdaus Husni noted that the police force’s standard operating procedures (SOPs) fall under the Official Secrets Act 1972 (OSA).

This includes its SOPs for police conduct, use of firearms, and its handling of citizens and protests, she said.

“How can we demand accountability when we don’t know what’s in the SOPs?” she asked.

Commenting on this, Centre for Independent Journalism (CIJ) media monitoring and action programme officer Dineshwara Naidu said there was a clash between the laws and police practices.

When holding protests, CSOs will give the police the five-day notice required under the Peaceful Assembly Act 2012, but he noted that the police will often call up organisers for investigation.

Wong added that the IPCC is located in Putrajaya, which limits accessibility for those who live in states that are far away from the country’s administrative seat, especially those in East Malaysia.

Last week, All Women’s Action Society (Awam) programme manager Lilian Kok urged the government to enhance the IPCC’s powers and independence.

She said the recent cases had cast doubt over the efficacy of the commission.

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