Home Minister Datuk Zahid Hamidi and Inspector General of Police Tan Sri Khalid Abu Bakar should make a trip to UK and Australia to see for themselves why IPCMC exists in these countries, if this is what is needed to “ open their eyes and minds”.

Media Statement by M Kula Segran, DAP National Vice Chairman and MP for Ipoh Barat in Parliament on Wednesday, July 17, 2013

Home Minister Datuk Zahid Hamidi and  Inspector General of Police Tan Sri Khalid Abu Bakar should make a trip to UK and Australia to see for themselves why IPCMC exists in these countries, if this  is what is needed to “ open their eyes and minds”.

Inspector General of Police Tan Sri Khalid Abu Bakar said yesterday that there is no need to set up IPCMC (  Independent Police Complaints and Misconduct Commission ) as EAIC (Enforcement Agency Integrity Commission) is enough to handle issues concerning issues of discipline and integrity in the Police force. 

He also said that the Police have an internal committee to look into misconduct of police officers.

Khalid’s opposition to the implementation of IPCMC does not come as a surprise as his political superior has also earlier voiced strong opposition to the implementation of IPCMC. 

Recently, Home Minister Datuk Seri Ahmad Zahid Hamidi said in Parliament that the proposed IPCMC was rejected as it went against the Federal Constitution, while denying natural justice.

However, Tun Mohamaed Dzainuddin Abdualh who chaired the RCI which recommended the IPCMC has come out to assert that IPCMC is consistent with the Federal Constitution.  

"Article 140 thereof provides that Parliament may by law provide for the exercise of Police Force Commission's disciplinary control over members of the police force in such manner and such authority as may be provided in that law. 

"Therefore, there can be no doubt about its consistency with the Federal Constitution," he said in a statement Tuesday.

Tun Dzainuddin has quoted a part  of the RCI report which says :-  

"One effective means of ensuring that doctrines, laws, rules and procedures are observed and implemented is by the establishment of an external oversight body. This method has been adopted by many modern policing systems whose experience has been that internal mechanisms alone are inadequate, unreliable and frequently ineffective."

Datuk Zahid and Tan Sri Kahlid have both talked about EAIC as a replacement even  though they are very much aware that many valid and good arguments have been put forward to reject such proposed replacement. 

Do not they understand that a key question involves the lack of public confidence in the EAIC as an effective solution to end the spate of custodial deaths? 

Are they not able to see the difference between IPCMC and EAIC? EAIC is the watered down version of IPCMC which does not inspire public confidence and will not be an effective solution.

Former High Court judge VT Singham has in the Kugan verdict said the IPCMC, as recommended by the royal commission for police reforms, should be set up as soon as possible because members of the public and family members of victims involved had little confidence in investigations carried out by the police.

Malaysians who are outraged by the continued incidence of custodial deaths simply cannot understand why the government and police are so afraid and reluctant to support the IPCMC which exists in countries like UN and Australia? 

There have been far too may custodial deaths and “horror stories “ in police lock ups. It is time that IPCMC be immediately set up.

I therefore propose that the Home Minister Datuk Zahid Hamidi and  Inspector General of Police Tan Sri Khalid Abu Bakar make a trip to UK and Australia to see for themselves why IPCMC exists in these countries, if this  is what is needed to “ open their eyes and minds”.

Go with open minds and find out why the governments and police there are not afraid of IPCMC.