KUALA LUMPUR: Retired policemen have rejected the proposed Independent Police Complaints and Misconduct Commission (IPCMC).
Instead, they have urged the government to empower and strengthen the Police Commission.
Retired Police Officers Association of Malaysia (Respa) president Tan Sri Ismail Che Rus said the function and powers of the commission, under Article 140 of the Federal Constitution, on issues regarding disciplinary action and investigations was clear cut.
IPCMC was unnecessary, he said, as it would only take over the commission’s role in managing the police force.
He said Clause 45 of the earlier IPCMC Bill violated the rules of natural justice because any punishment imposed by the commission would be final and cannot be challenged, appealed, reviewed, revoked or brought to court.
He added that clauses 57 and 58 also gave IPCMC full power to take over investigations from the inspector-general of police (IGP) and stop any investigation being carried out by the police.
This, he said, was against Section 4 of the Police Act 1967, which states that the force should be under the orders of the IGP, who is responsible to the home minister for control and security instructions.
Ismail, who served in the force for 36 years and retired as one of its directors, said the best solution was to strengthen the commission from a disciplinary standpoint, as opposed to establishing a new body.
“How the commission should be strengthened is up to the government to decide but we are ready to share our views and opinions on the matter,” he said, adding that they appreciated Prime Minister Tun Dr Mahathir Mohamad’s willingness to meet representatives of the force for further feedback.
Ismail said he was not only representing Respa in the matter, but also eight other associations made up of retired policemen: VAT 69 Commando Veterans Association, Police Field Force Battalion 7 Association, Former Special Action Unit Association, Johor Retired Police Association, Skuad 72 Association, Retired Melaka Police Association, Retired Police Association of Malaysia and Former Police Association Malaysia.
“The body (IPCMC) will jeopardise the powers of the IGP in issuing orders and meting out disciplinary action. Such a situation will negatively impact the police force as an institution which is regimented and based on the chain of command and control,” he told reporters at the Respa headquarters at the Police Training Centre in Jalan Semarak here.
Ismail said the IPCMC will also be redundant in its duties as the government currently has various commissions, including the Malaysian Anti-Corruption Commission (MACC) and the Enforcement Agency Integrity Commission (EAIC), to monitor and act on any wrongdoing.
He added that the force also has the Integrity and Standard Compliance Department (JIPS) to take action on disciplinary matters and other infringements by policemen.
The group also urged the newly appointed IGP, Datuk Abdul Hamid Bador, to publicly announce his stand on the matter.
Ismail said that Respa will put in a request on Monday to meet Hamid as soon as possible to discuss the matter, adding that he sincerely hoped the latter would respond positively.
Dr Mahathir had announced in September that the IPCMC would replace the EAIC.
The IPCMC is a police oversight body proposed by a royal commission of inquiry in 2005 to improve the police force, following a spate of deaths in custody.
In March, outgoing IGP Tan Sri Mohamad Fuzi Harun said a task force in the police force had been set up to collect feedback on IPCMC.
He then revealed on Thursday that the proposal was rejected by both serving and retired policemen.