Saturday, December 15, 2007

Wither the IPCMC?

A Kadir Jasin

[Anonymous comments SHALL NOT BE POSTED. Please use your real name or a suitable pseudonym. Please avoid seditious, defamatory and libelous statements. And, if possible, don’t call anybody bodoh (stupid). Unrelated comments will not be given priority.]

[UPDATE, Dec. 19

Malaysiakini reported that Special Complaints Commission (SCC) Bill scheduled to be tabled for second reading today has been postponed to the next parliamentary sitting in March next year.

Minister in the Prime Minister's Department Nazri Abdul Aziz said it has been put off to give the MPs more time to study the bill and for civil society groups to provide feedback.

"We reached the consensus after all cabinet members unanimously agreed to defer the bill," he told reporters, adding that the deferment shows that the government is listening and does not want the bill to be a rushed job.

Original Post

IF the Special Complaints Commission (SCC) Bill 2007 tabled in Parliament on Dec. 13 is approved – which is almost a certainty – the commission will be very different from the one proposed in 2005 by the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police.

The Royal Commission, headed by former Chief Justice Tun Mohammed Dzaiddin Abdullah had proposed an independent commission called the Independent Police Complaints and Misconduct Commission (IPCMC).

The Star reported that the bill would allow for the setting up of a commission to receive and investigate complaints against law enforcement officers in the country. The commission will have seven members, including a chairman, to be appointed by the Prime Minister.

Members would include the Inspector-General of Police, Public Complaints Bureau director-general and the Anti-Corruption Agency director-general.

The Bill was tabled for the first reading by Minister in the Prime Minister’s Department Nazri Abdul Aziz. It is expected to be debated during the current session, which ends on Dec 19.

From this brief report, it is apparent that the SCC will be very different from the IPCMC proposed by the Royal Commission.

In its report and the bill it drafted for the purpose, the Royal Commission clearly states that “a person shall not be appointed as a commissioner if he holds or has held office as a police officer.”

The Royal Commission also states that “The Yang Di-Pertuan Agong shall, on the advice of the Prime Minister, appoint not more than seven (7) commissioners…”

The Star report states that “the commission will have seven members including a chairman to be appointed by the Prime Minister.”

The scope of the commission appears to be been broaden to cover not just complaints against the police but all law enforcement officers, which means that it applies to all enforcement officers in such departments and agencies as the Custom, Immigration, Road Transport, local governments and Islamic Religious Affairs.

The question is how independent can the SCC be when the very people who are the subject of the complaint are represented as commissioners and are government officers?

When the Royal Commission proposed the establishment of the IPCMC, the idea was for it to be totally independent of official interference.

Police officers against who the charges are being brought have every right to defend themselves in the sitting of the IPCMC.

Personally, being a member of the Royal Commission, I think it is unfair, inaccurate and inappropriate to attribute the SCC to the Royal Commission when it bears little resemblance to the IPCMC proposal.

As a matter of record, the drafting of the IPCMC Bill by the Royal Commission was headed by the former Lord President Tun Mohd Salleh Abas with the assistance of judicial, legal and law enforcement experts like Tun Mohammed Dzaiddin, Tun Mohammed Hanif Omar (former IGP), Tan Sri Zaki Azmi (now Court of Appeal President), Datin Paduka Zaleha Zahari (High Court Judge), Datuk Kamilia Ibrahim (laywer/politician) and Kuthubul Zaman Bukhari (former Bar Council president).

Surely it not fair to attribute the SCC to these illustrious personalities if it is a departure from the IPCMC proposal in body and spirit.

Surely too these illustrious people are as good if not better than the officers of the Attorney-General's Chamber who drafted the SCC Bill.

As the Opposition Leader Lim Kit Siang (DAP – Ipoh Timur) had asked in the Parliament, was the bill “actually the Independent Police Complaints and Misconduct Commission (IPCMC) Bill?”

Or as he further asked: “Is this replacing the IPCMC Bill? If it is not, then why is it not called the IPCMC Bill?”

18 comments:

Rocky's Bru said...

More questions than answers.

And I have some to add:

As a member of the Commission, Datuk Scribe, how do you feel about the whole business?


If recommendations by the Royal Commission on the IPCMC are being treated this way, what are the chances that the Royal Commission inquiring into the VK Lingam scandal would get the same thumb nose treatment when it comes up with its findings?

Thank you.

Mr. Smith said...

We have a government that can call the horse a zebra and the media will echo that.
This new creature (SCC) is the result of some arm twisting by PDRM. The PM being what he is, has to give in.
Without the police support he will end up a dead duck.
There is no way he will offend the mighty IGP.

A KADIR JASIN said...

Sdr Rocky's Bru,

What I feel is not important. What the rakyat feel is. I did not make promises to them. The Government did.

For a start, stop abusing the King's name. Stop attaching the word "Royal" to these so-called independent commission.

Mr Smith, from the outset the police objected vehemently to the IPCMC proposal. Perfectly understandable.I pity the good, honest cops.

The Government does not have to respect people like me. But I think to make fun of people like Tun Mohammed Dzaiddin, Tun Mohd Salleh Abas, Tun Mohd Haniff, Tan Sri Zaki and those judges and senior lawyers is in bad taste.

If you want to listen to civil servants, you don't have to waste time and money forming Royal Commissions.

Dah jadi macam cerita tengok anak bulan.

Terima kasih.

Iban warrior said...

I don't care what all this crab in Malaysia are happening! The country continue to rot and for goodness it will head towards like Indonesia and soon we will be sending our women to work in Arab states as maid!

Blow d' whistle said...

The bills actually another confussion issue created for the public per se.

Golongan marhain... TAK NAK ambil kisah pun.

Just another story of chicken and egg.

rocky(original) said...

The IPCMC is in the BN manifesto thus a promise was made. RCI was set up and laws were drafted. But now all gone like that...so why did they need to do this show and tell and not deliver.

and the idea that the SSC reports to PM and not the King doesn't go down well with me. Too much power in one man and in this case he is also minister in charge of police.Better to have the King in charge as he has no conflict.

as far as I'm concerned, Pak Lah lied to us. and shows that he is unable to execute what he promised and that he is weak as he in unable to take on the police etc and get the IPCMC implemented.

Da Real Deal said...

Datuk,

SCC, IPCMC, RSC, RSGC, KGNS and what not. The question is, will we be needing to appoint another commission above them to monitor their straightforwardness.

There is enough agencies to attend to the wrongdoings of the police, why add more and waste taxpayers money and insult the police force further? It is better to use the money to increase their salaries and improve their welfare. Fact remains if people are corrupted to the highest level, no Commission in the world would be affective.

A KADIR JASIN said...

Sdr Da Real Deal, the Royal Commission also recommended the following:

1. Improved salary scheme (Read Chapter 12);

2. Improved housing, better police premises, improved ICT, vehicles and uniform;

3. Improved selection and training, including psychological analysis and profiling;

4. Improved welfare for families of police personnel, including counseling because many police wives came forward to report abusive behaviour of their husbands;

5. Policemen and women can become whistle blowers and report to the IPCMC wrongdoings of fellow officers and interference by outside parties like politicians, businessmen and underworld figures.

Actually the Royal Commission report was very comprehensive.

Thank you.

Blow d' whistle said...

Salam Datuk

the reality check you can get are that the instructor teach the Pulapol student receive bribe during their practical roadblock and fieldwork.

how can this student resist it during real time when in fact the TEACHER teach the wrongdoing.

what im worried about is that too little spiritual element being tought to them(majority of them are MUSLIM).

does our system have big loopholes?

Blow d' whistle said...

i am permanent whistle blower for the ACA.

sometimes i get frustrated... when i hope that the status of information i gave to be favourable... it will be vice versa if its involved U Must Never Object leader( of course the reply would be ... being taken care by our HQ...pending 10x )

but when it came to the ikan bilis... within 2 month charges can proceed.

lame exxxxcccuuussseeesss

bakaq a.k.a. ~penarik beca said...

Tumpang sikit Datuk, nasik tambah sikit di bawah ni:

News links on IPCMC from Google

Blogs links on IPCMC from Google

Roti Planta said...

ISA HANYA MELAHIRKAN EKSTREMIS (PENGGANAS?) PADA MASA HADAPAN

Saya diatara rakyat yang tidak kisah tentang kewujudan ISA pada masa dahulu (zaman TAR). Pada pandangan saya mereka yang salah memang perlu ditangkap demi ketenteraman awam (majoriti rakyat).

Apabila 'operasi lalang' dilakukan, saya masih berfikir ianya bagu demi menghalang isu perkauman merebak.

Apabila terlalu ramai Kumpulan Mujahidin Malaysia (KMM) ditangkap sedangkan tiada apa pun bukti nyata (kejadian) yang berlaku di Malaysia maka saya mula meragui penggunaan ISA ini.

... dan kini saya pasti bahawa ISA telah disalahguna dan tindakan salahguna ini akan memberikan kesan keatas keselamatan dan kesejahteraan rakyat pada masa hadapan.

Jika kita lihat semua keluarga mangsa ISA tidak mempercayai kesalahan suami/abang mereka dan yakin penahanan mereka adalah diatas faktor lain (politik dsb). Reaksi daripada itu mereka membenci kerajaan. Jika dianggarkan mereka yang ditahan 100orang dan setiap yang ditahan mempunyai 5 anak maka lebih 500 orang anak-anak membesar dengan membenci kerajaan dan polis. Jika dicampur dengan bilangan mereka yang besimpati (keluarga, rakan, sahabat, jiran2 dsb) maka beribu orang membesar dan hidup dengan membenci dan tidak mempercayai polis.

Jadi fikirkanlah apakah tindakan yang bakal mereka ambil apabila mereka besar nanti?

Saya berpendapat mereka yang melakukan pengeboman di negara jiran adalah lahir daripada penindasan yang bapa-bapa mereka alami semasa mereka kecil iaitu dizaman pemerintahan Suharto. Jadi pemikiran yang lahir daripada kebencian akan menjerumuskan mereka kepada tindakan yang tidak rasional dan perikemanusian.

Saya bukan pakar psikologi tetapi saya harap pakar-pakar yang ada membuat kajian kesan psikologi yang dialami oleh anak-anak dan keluarga mangsa ISA.

Saya juga berharap agar ISA digunakan oleh pihak kerajaan/polis secara berhati-hari atau dimansuhkan supaya tiada siapa yang terinaya dan 'bom jangka' tidak akan lahir dibumi Malaysia yang kita cintai ini.

Ketua Krani said...

THE IPCMC or whatever it should be called now that so many of the commission's memebrs have said that it is not what they said in their report, was a golden opportunity for the Government to reduce one major aspect of corruption in public life.
We can understand how important it is for the PM to be able to work with the IGP but he is the Prime Minister and if the resistance from the police is unreasonable, there is every opportunity o fletting the chief of police time to retire and then inplementing the IPCMC.
Whatever his reason for not pushing the original document through, he has missed a wonderful chance to stamp his mark on Malaysian history.

revelation said...

Here's what i think. In the nutshell, from top to the bottom, this govt are so corrupted to the core. Everybody is holding each other balls and it's like if u squeeze mine, i'll squeeze yours even harder and if u don't have balls, i'll use ISA, OSA, USA(Umno Spinning Act) and watever other xSA there is.

Just look at our PDRM on the street. They are behaving like a thugs themselves. No manners and rude are their daily trademark, showing their might and muscle against the defenceless public.

But I also know a few good policemen who moved in and arrested some thugs/business men but each time these thugs will be released bcos they have connections with higher police ranks. In the end, these good policemen(and women) become demoralised or demoted and the rest of the story as we all know it, is history.

It is hard not to believe that the police are the biggest gangsters in this country. I know of once police corporal who defaulted his car payment and when reposser want to claim his car, just one word..'tarik lah kalau berani'. We all know how fierce this car reposser can be if it was mine or your car.

There is no difficulty in setting up the IPCMC if the police are honest and have nothing to hide as what they been claiming all these while. As the matter of fact, we don't even need this IPCMC or SCC or other commisions if the police have nothing to hide.

The truth is there are 2 set of rules in this country, 1 for the powerful and another for lame joe public like me. All these setting up Commisions this and Commission that are just dramas, smoke screens, spinning and wayang kulit for the uninformed and ignorant rakyats.

Where else in this world one can build a palace on illegal land and can get away with it? And he is only a govt servant, even a lame duck knows something is not right here. If in China, this person already facing a firing squad or the rope.

Tq.

Da Real Deal said...

Datuk,

We cannot blame the police whenever they take bribes. Labelling them Muslims is unfair when it is the maegre income that forces them and not the religion.

Why should we leave it to the instructors to educate them. I feel that the rakyat are the perfect people to teach them by not offering bribes. If we deny them that, then they will strive to be upstanding law officers. So,blaming the police today is becoming like a cliche or rather mundane. Look to ourselves and we will find the root cause of corruption in this country.

The hand of a hindu, buddhist, christian that bribes is equally at fault with the Muslim hand that takes.

ABDUL HALIMSHAH said...

It is an insult to the credentials of the people who sat on the Royal Commission of Inquiry. The proposed independent Commission to look into the complaints on misconduct of police personnel was the jewel in the crown of the report. Once it's scuttled, the report is no better than a roll of toilet tissue paper. It's a sheer waste of time and resources for such eminent luminaries to dwell upon a subject of public interest only to see it not being implemented. This is another blow to the credibility of the govt which is accountable for what happens in future.

Blow d' whistle said...

datuk: ko bawak lori takde gdl ni...
aku: abis datuk... namapun lori pinjam
datuk: abis ... ko nak settle balai ke ...
aku: takper le tuk... bagi jer tiket tu... saya settle kat balai

Mohd Affendi said...

I.S.A...
boleh digunakan utk:

..Isu Sensitif Awam,

..Implikasi Serantau & Antarabangsa



atau

..Ikut Suka Aku.

About Me

My photo
I was born in 1947 in Kedah. I came from a rice farming family. I have been a journalist since 1969. I am the Editor-in-Chief of magazine publishing company, Berita Publishing Sdn Bhd. I was Group Editor NST Sdn Bhd and Group Editor-in-Chief of NSTP Bhd between 1988 and 2000. I write fortnightly column “Other Thots” in the Malaysian Business magazine, Kunta Kinte Original in Berita Harian and A Kadir Jasin Bercerita in Dewan Masyarakat. Books: Biar Putih Tulang (1998), Other Thots – Opinions & Observations 1992-2001 (2001), The Wings of an Eagle (2003), Mencari Dugalia Huso (2006), Damned That Thots (2006), Blogger (2006), PRU 2008-Rakyat Sahut Cabaran (2008), Komedi & Tragedi-Latest in Contemporary Malaysian Politics (2009) and Membangun Bangsa dengan Pena (2009).