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Cabinet under fire for rejecting IPCMC

K Pragalath | June 7, 2013
Groups such as Suaram and the Malaysian Bar say the EAIC is inadequate to conduct investigations on issues relating to the police.

PETALING JAYA: The Cabinet’s decision to opt for the Enforcement Agencies Integrity Commission (EAIC) and other mechanisms instead of the Independent Police Complaints and Misconduct Commission (IPCMC) has come under fire.

Human rights organisation Suaram coordinator R Thevarajan said EAIC is incompetent to investigate custodial deaths because the commission is understaffed and lacks the power to prosecute.

“EAIC chief executive officer, Nor Afizah Hanum Mokhtar admitted that only one investigating officer was assigned to probe 19 agencies.

“She also admitted that EAIC needs an annual budget of at least RM25 million, 10 investigating officers and 10 research officers,” he said.

“The root issue of EAIC is the absence of prosecution power. It only has the power to investigate complaints and the findings of its investigation will be referred back to the police force,” he added.

He said this in response to Health Minister Dr S Subramaniam’s announcement yesterday that the Cabinet is looking at other options instead of implementing the IPCMC.

The decision to maintain the EAIC was made by Prime Minister Najib Tun Razak.

From 1999 until 2009, 2,571 have died in custody. In the past 11 days, three more deaths were recorded.
Bar Council president Christopher Leong also criticised EAIC because it was overseeing too many agencies.

“EAIC has up to 19 agencies to oversee whereas IPCMC would be dedicated specifically on the police. It would not solely concentrate on custodial deaths,” he added.

Leong said that the IPCMC was important because the police force is the biggest enforcement agency that has daily contact with the public.

Support for the IPCMC also came from politicians across the divide.

“This country desperately requires the IPCMC after years of missteps and wrongful acts involving the police such as deaths in custody or trigger-free officers on the ground,” said Gerakan acting president Chang Ko Youn.

“We cannot ignore the wishes of the rakyat who want a police force that is efficient, transparent and accountable. The IPCMC will be a sure step in ensuring this happens,” he added.
He hoped that the formation of the IPCMC would boost the morale of the police.

Penang Deputy Chief Minister P Ramasamy meanwhile criticised the Cabinet’s decision.

“The government is ignoring the Indian community who have been most affected recently. The police now will have more power to abuse and people’s rights are no longer protected,” he said.
On another note, Leong welcomed the call for a permanent coroner’s court.

“The Malaysian Bar has always been consistent in its call for a specialised coroners court and state coroners. The appointed coroners must be specially trained to conduct inquests,” he said.

Leong said this in response to Home Minister Ahmad Zahid Hamidi’s announcement that a permanent coroner’s court would be formed to handle inquests over custodial deaths.

“Previously we had the coroner’s court on ad hoc basis but I think there should be one that is permanent if there is (an increase) in such cases.

“Why not make the ad hoc court permanent, because the police are not the only organisation involved in such cases. I think other agencies could also be answerable to the court in matters of such nature,” Zahid was quoted as saying.