No IPCMC “lion” with teeth and claws but a toothless/clawless SCC mouse

The Parliamentary Roundtable on the Special Complaints Commission (SCC) Bill – the fake Independent Police Complaints and Misconduct Commission (IPCMC) – will be held in Parliament House next Friday, 28th December5 2007 at 9.30 am. Instead of the originally announced Thursday, 27th December.

This is because on Thursday, 27th December 2007, I will be in Shah Alam Sessions Court for the sentencing of the Batu Caves 26 for unlawful assembly and causing mischief charges.

Although the ludicrous “attempted murder” charges against the 31 – and the manhunt for at least another 30 on a similar charge of attempted murder of a cop – had been dropped, the ordeal of the total of 403 days which the 31 had to spend under incarceration in prison (i.e. 13 days each) as they were not allowed bail, is an unforgettable experience for the 31 who were innocent of the attempted murder charge and a blot on the system of administration of justice in Malaysia!

I will be at the Shah Alam Sessions Court on Thursday as a sign of solidarity with the Batu Caves 26 (as charges against five students had been withdrawn) and well as a gesture of protest against the system of justice which could deprive a total of 403 days of freedom from 31 innocent persons!

Is the Attorney-General Tan Sri Gani Patail prepared at minimum to publicly tender a public apology for the 403 days of incarceration he had caused the Batu Caves 31 when was a clear abuse of his discretionary prosecutorial powers – not to mention the sufferings he caused the families concerned as well as hardships for those who lost their jobs as a result of the unjust incarceration ?

Invitations to NGOs and NGIs, as well as the 16 Commissioners of the Royal Police Commission, to the Parliamentary Roundtable on the SCC Bill next Friday are in the process of being sent out.

Instead of an IPCMC “lion” with teeth and claws, a toothless and clawless SCC mouse has been produced wasting four years of the Abdullah premiership, making a total mockery of Abdullah’s pledge to reform the police and the Royal Police Commission Report with its 125 recommendations to create an efficient, accountable, incorruptible and professional world-class police service to keep crime low, eradicate corruption and uphold human rights.

The challenge facing all NGOs, NGIs and Malaysians concerned about the unchecked breakdown of law and order with the rise of endemic crime in the country is how to salvage the original IPCMC proposal of the Royal Police Commission in the face of relentless opposition by the police and the lack of political will and authority of the Prime Minister who is also Internal Security Minister.

The Police has won its battle to water down the IPCMC proposal of the Royal Police Commission, to the extent that the Inspector-General of Police is to become a permanent member of the SCC when the Royal Police Commission had barred serving or former police officers from being appointed as IPCMC commissioners.

All the international best practices in other advanced countries for an effective oversight mechanism over police conduct is for it to be completely independent, excluding all police participation.

The United Kingdom Police Reform Act 2002, for instance, provides for the appointment for a Chairman and not less than ten other members of the Independent Police Complaints Commission (IPCC). It provides that no person who “holds or has held office as a constable in any part of the United Kingdom” or “is or has been under the direction and control” of a chief police officer could be appointed as Chairman or commissioner.

Why is Malaysia buckling this trend of international best practices if the Police and Government are serious in wanting to make the oversight mechanism over police misconduct a successful one rather than a scandalous failure?

Can the original IPCMC proposal be salvaged and is it worth the effort to try to salvage it.

This is the first issue the Parliamentary Roundtable on the SCC Bill (fake IPCMC) next Friday must grapple with.

10 Replies to “No IPCMC “lion” with teeth and claws but a toothless/clawless SCC mouse”

  1. “All the international best practices in other advanced countries for an effective oversight mechanism over police conduct is for it to be completely independent, excluding all police participation”–Lim Kit Siang.

    Yes Sir, common understanding by the mildest of logics. The SCC is merely the case of self-appointments of dichotomy of the Police force stretching the IGP’s outgareous powers to an invincible extent if the ludicrous proposal, the SCC is ever enacted.

    If any cabinet minister/lawmakers has a smidgen respect for the truth, they MUST vehemently veto such outgareous BILL-SCC (the fake IPCMC) which will only benefits the corrupts.

    In any civilised country, public opinion is sought before the implementation of such ‘Indepenent’ commission, but here it was sought as well during the nationwide tour by the fact-finding Royal Commission. The only difference is the blatant outcome which clearly enunciates that we are clearly being conned or almost there.

    SCC=Special Complaints Commission= STD Sexually Transmitted Disease.

  2. The question of Attorney-General Tan Sri Gani Patail’s tendering a public apology for the 403 days of incarceration he had caused the Batu Caves 31 does not arise because as far as he is concerned: –

    · the 31 were in law chargeable for attempted murder based on common intention;

    · the withdrawal of such a charge was due to deference to the intervention of the Prime Minister on humanitarian and national reconciliation grounds, which don’t include the predetermination that the 31 are innocent of the charge.

    All things considered the 31 should thank him. Can we have a round of applause for the AG & government? :)

    Whilst “all the international best practices in other advanced countries for an effective oversight mechanism over police conduct is for it to be completely independent, excluding all police participation ”, the government of Malaysia has neither claimed that we’re an “advanced nation” nor expressed any aspiration for international best practices since the aggressive pursuit of the NEP does not qualify as one of international best practices. If anything, it may well be the worst being criticized by critics here and in advanced countries as the sole remaining architecture of apartheid after South Africa.

    So by having “a toothless and clawless SCC mouse” instead of a “lion” with teeth and claws” like IPCMC, the real question is not whether Malaysia is “buckling this trend of international best practices” but whether Malaysia is buckling this trend of international worst practices! Can we have another round of applause for the government? :)

  3. Mahathir: “We are a democratic country. If you elect people who believe in the ISA, the ISA will be there. If you don’t like the ISA, don’t vote people who believe in the ISA”

    Is he telling the Indians not to vote for BN?

  4. To answer k1980, I think TDM is not saying anything new. He said it before that people elected him again and again despite his use of ISA, so the rakyat actually wants the ISA.

    What is interesting is he also mentioned that public protests should be the last resort. You can probably take that as a tacit criticism of AAB. Memoranda, calls, requets, demands, appeals and pleas have all fallen on big but deaf ears. So it IS the last resort, and so by the support of TDM, peaceful protest is morally justifiable.

  5. AAB, started off with a “A” rating when he was acting PM and he continues with the “A” rating during the 2004 election, and as a result obtained 92% of the seats. The “A” rating had come and gone and somehow the “B” rating had also been lost and he lost it very fast. Now he is in “C” descending very fast into “D”.
    So please think carefully before voting. Do you want a grade “D” PM? AAB definitely downgraded to CCD.

  6. //….Didn’t Samy Velu quickly thank the premier already, to make it look good on govt, maybe also to show that he had a part in it?…// – Jong

    Well if it were not thanking then it will be apologising. This ingratiating attitude towards big brother is really annoying (in the context of communal politics). Not only MIC but Gerakan. Predictably Gerakan will not support Paranjothy when UMNO roars in protest at his statement.

  7. Truly IPCMC must be an Independent Body to any
    corruption in the Police Force!! No 2 ways about it!!

    Why Malaysia Government must take >2 years to set
    up such Task Force?? We can take only 2 months to
    do that man…??!!

    Where is the job efficiency..??!! Malaysia wake up!!!
    Don’t sleep too long in the office when you are on
    duty and suppose to work…!!!

    Your Work Performance Annual Rating is Below 2.0
    out of maximum points of 4.0…!! Real srewed up
    work force in Public Service…!!!

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