Courageous Heart: IPCMC

Showing posts with label IPCMC. Show all posts

Tuesday, June 4, 2013

EAIC Is Unable To Cope, Form IPCMC Now!

By Boo Su-Lyn. Published by The Malaysian Insider on 4 June 2013.

The Enforcement Agency Integrity Commission (EAIC) has acknowledged it is hamstrung by only having one investigating officer to probe complaints of misconduct against 19 enforcement agencies, as public outcry grows over deaths in police custody. It also has an annual budget of just RM7 million.

EAIC CEO Nor Afizah Hanum Mokhtar said the commission has 23 staff members, including the investigating officer, clerks, a driver, legal adviser, administrative officer and an operations director.

“We have very limited manpower,” Nor Afizah Hanum told The Malaysian Insider in an exclusive interview at her office here yesterday.

“We had six investigator posts that we got from MACC. They withdrew five on 16th May,” she added, referring to the Malaysian Anti-Corruption Commission (MACC).

Amid the outcry over recent deaths in police custody, there has been growing calls from the opposition and the Bar Council for the government to set up an Independent Police Complaints and Misconduct Commission (IPCMC).

The Malaysian Bar, civil society groups and several politicians from both sides of the divide have called for the IPCMC to be implemented to reform the police force since 2006.

The IPCMC, which was mooted by a royal commission chaired by former Chief Justice Tun Mohamed Dzaiddin Abdullah but shot down by the police, was to be modelled on the United Kingdom’s Independent Police Complaints Commission (IPCC), as well as other police oversight bodies in New South Wales and Queensland in Australia, and Hong Kong.

Speaking to The Malaysian Insider yesterday Nor Afizah Hanum said the sole investigating officer remaining at the EAIC also came from the MACC and has 11 years’ experience as an investigator.

The MACC, in contrast, has a budget of RM276 million this year and will receive an additional 150 posts annually to boost its manpower from 2,500 staff to 5,000, English daily The Star reported last September.

The EAIC, which was set up in April 2011, investigates complaints of misconduct against the police force, the Immigration Department, the Customs Department, the Rela Corps, the National Anti-Drug Agency, the Malaysian Maritime Enforcement Agency, the Department of Environment, the Department of Occupational Safety and Health, the National Registration Department (NRD), the Department of Civil Aviation, the Road Transport Department (RTD), the Department of Industrial Relations, the Department of Fisheries, the Department of Wildlife and National Parks, the Manpower Department, the Health Ministry (Enforcement), the Tourism Ministry (Enforcement and Licensing units), the Domestic Trade, Co-operatives and Consumerism Ministry (Enforcement) and the Ministry of Urban Wellbeing, Housing and Local Government (Enforcement).

Nor Afizah Hanum said the EAIC needed an annual budget of at least RM25 million, as well as at least 10 investigating officers and 10 research officers. “We hope to expand till 78 personnel... we have a requirement for research officers to work in a taskforce to study rules and procedures and do visits to lock-ups, prisons,” she said.

She added that the EAIC has received 469 complaints as of May 31 this year since it was formed in 2011, with 353 complaints against the police. Twenty-one complaints were lodged against the Immigration Department, 15 against the RTD, 10 against the Ministry of Urban Wellbeing, Housing and Local Government, and nine against the Customs Department.

She said the EAIC, however, has yet to receive complaints of deaths in custody, police shootings or assault by enforcement officers. “We haven’t received complaints of a criminal element,” said Nor Afizah Hanum.

She added that the complaints ranged from police inaction on cases, inaction of immigration authorities against illegal immigrants, a policeman having an affair with someone else’s wife, or the NRD revealing one’s personal particulars to another party without consent.

The former Sessions Court judge said investigations were opened for 124 out of 469 complaints, with one case resulting in a recommendation of disciplinary action against the police.

According to human rights group Suaram, 218 cases of alleged deaths in custody in Malaysia took place from 2000 to this month, with its records showing that nine of those cases occurred in 2012, while eight cases occurred so far this year...

The Home Ministry reportedly told Parliament last October that 298 people were shot dead by the police between 2007 and August 2012, including 151 Indonesians and 134 Malaysians, which is an average of one deadly shooting a week.

A United Nations Working Group on Arbitrary Detention 2010 visit to Malaysian prisons and detention centres reported in 2011 that between 2003 and 2007, “over 1,500 people died while being held by authorities.”

There is no need to establish the Independent Police Misconduct and Complaints Commission (IPCMC), said Minister for Governance and Integrity Paul Low.

He said there is an existing channel called the Enforcement Agency Integrity Commission (EAIC) that would perform the same duties as the IPCMC.

“There is no need to form the IPCMC, we already have a channel that allows the public to lodge complaints with regard to the enforcement agencies called the EAIC,” he said.

“There is lack of awareness. I believe that the only thing left to do is to educate the public on how one can lodge a complaint via the EAIC,” he added.

Friday, May 31, 2013

Deaths in Custody — We Don't Want To "De-motivate" The Police, Do We?

The statistics regarding deaths in police custody in Malaysia is a leaf out of the macabre: 156 persons died in police custody between 2000 and February 2011,¹ and it has been reported that there were at least six such deaths in 2012,² with this being the fifth one in 2013.³ This data is alarming, as it points to an average of at least one death in police custody per month since 2000.

The Malaysian Bar is dismayed and saddened by the news of yet another death in police custody, involving 32-year-old N Dharmendran. He was reportedly arrested on 11 May 2013, and died on 21 May 2013 whilst in police remand at the Kuala Lumpur police contingent headquarters.

The death of N Dharmendran is tragic and inexcusable. It is yet another incident that raises serious questions about the treatment and safety of detainees in police custody, and the methods of interrogation used. It underscores the importance of the requirement for those in police custody to have immediate access to legal counsel upon arrest.

In the case of N Dharmendran’s arrest, the protocol prescribed under the Yayasan Bantuan Guaman Kebangsaan (“YBGK”) scheme, which is an initiative made possible by Prime Minister Dato’ Sri Najib Tun Abdul Razak, and supported by the Government, does not appear to have been complied with by the police. The guidelines for enforcement officers stipulate that as soon as an arrest has been made, and before the suspect is questioned, the police officer must inform the suspect’s family (or friend) of the arrest, and must also provide details of the suspect and the arrest to YBGK, who will then despatch a lawyer to offer legal representation to the arrested person.

However, we understand that YBGK did not receive any notification from the police about N Dharmendran’s arrest. We regret to note that this is the second occasion that we are aware of where YBGK was not notified of an arrest, and the detainee later died in police custody. In the first incident, 32-year-old K Nagarajan had been found dead on 24 Dec 2012 in the Dang Wangi police station lockup.

The present state of affairs has led to much public outrage and an erosion of confidence in the police. The police must be proactive in ensuring that the wrongful actions of some amongst them do not tarnish the standing of the whole force. Unless this is addressed, the police force will unfortunately remain a diminished institution in the eyes of the public.

The unabated deaths in police custody reinforce the Malaysian Bar’s repeated calls for the Government to implement the recommendation of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, in its report published in May 2005, for the setting up of an Independent Police Complaints and Misconduct Commission (“IPCMC”) to function as an independent and external oversight body to investigate complaints about police personnel.

It is untenable for the Government to continue to ignore the dire need for the IPCMC, in the face of continuing cases of deaths in police custody.

There is no need to establish the Independent Police Misconduct and Complaints Commission (IPCMC), said Minister for Governance and Integrity Paul Low. He said there is an existing channel called the Enforcement Agency Integrity Commission (EAIC) that would perform the same duties as the IPCMC.

“There is no need to form the IPCMC, we already have a channel that allows the public to lodge complaints with regard to the enforcement agencies called the EAIC,” he said. “There is lack of awareness. I believe that the only thing left to do is to educate the public on how one can lodge a complaint via the EAIC,” he added.

Meanwhile, Low also said he had brought up N Dhamendran’s case at the Cabinet meeting held yesterday. Dhamendran, 32, died in police custody on May 21. The post-mortem reported concluded that he had died of blunt force trauma and the case has been classified as murder.

The police headquarters in Bukit Aman has since established the case as murder and had set up an independent task force to investigate the issue. “We as the government, need to act on this issue urgently. I brought it up at the Cabinet meeting yesterday and the outcome was positive,” Low told a press conference.

He said Home Minister Ahmad Zahid Hamidi has agreed to cooperate and work with the relevant people. “The minister has also promised to urge the police to hasten their investigations in Dhamendran’s case,” he added. Also present at the press conference was Performance Management and Delivery Unit (Pemandu) director D Ravindran, whom Dhamendran’s family accused of harassing them.

Ravindran explained that there were no conversations hinting towards a settlement nor asking the family to disengage their lawyers.

Home Minister Ahmad Zahid Hamidi has welcomed suggestions to suspend policemen who were involved in allegedly murdering a detainee but does not want the morale of the police force dampened.

“That’s true but we will have to re-look at regulations so that it doesn’t de-motivate the policemen. We will have to study the entire police interrogation procedure,” he said at a press conference held at the Prisons Department headquarters here this morning.

He said this in response to criticism by two Indian leaders against the police’s decision to suspend their personnel who was involved in the alleged murder of detainee N Dharmendran.