OUR men in blue have a motto: “Polis dan masyarakat, berpisah tiada (the police and the community are inseparable).” The Independent Police Complaints and Misconduct Commission (IPCMC) seeks to make the bond better. But the path to the “bonds ville” is strewn with thorns. Views differ depending on whether you are pushing for the oversight body or being pushed by it. The IPCMC Bill is showing them up as it makes its way through Parliament. From committee stage, whereat the IPCMC Bill is now, to becoming law may take a few months. The final shape it takes may depend on lawmakers and stakeholders, including the police. Blue is a colour we are going to see a lot in the coming months. Expect some push, some pull.
What manner of a creature is IPCMC that makes its birthing issue-rich? But first a little history. On April 29, 2005, the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police in 2005, headed by former chief justice Tun Mohamed Dzaiddin Abdullah, presented its report to the Yang di-Pertuan Agong and the prime minister on how to enhance the operation and management of the Royal Malaysian Police. IPCMC was one of the recommendations. The Enforcement Agency Integrity Commission (EAIC) was the other.
Some ask, why IPCMC when we already have EAIC? Two reasons. One, it can investigate but it can’t act on investigations. Plus, it oversees too many bodies. At last count, EAIC has oversight over 20 bodies. The police alone would be too much for it. Can EAIC moult into IPCMC? Perhaps.
But IPCMC itself raises issues for Inspector-General of Police (IGP) Tan Sri Abdul Hamid Bador. His letter to the Parliamentary Special Select Committee tells it all. It is a narrative of constitutional and legal issues and the need for just treatment of the men in the force. One of them is the issue of the dismissal of police officers following disciplinary action by IPCMC. Presently, and in accordance with Article 140 of the Federal Constitution, both the appointment and dismissal of the men in blue is the job of the Police Force Commission. This needs resolution.
There is yet a bigger issue. The police are of the view that the IPCMC Bill is giving the commission more power than it should handle. The IPCMC Bill as drafted, they claim, is being asked to act as the judge, jury and executioner. Defenders defend by pointing to independent commissions elsewhere, such as the Independent Office for the Police Conduct (IOPC) in the United Kingdom. True, IOPC can do many things the police are unwilling to do, but its powers are recommendatory.
This notwithstanding, we shouldn’t lose our energy on the nature of institutions that exist here or elsewhere. The debate should be about what is good for us. If there are hurdles along the way to that good end, we must remove them. The IGP has given his green light to the formation of IPCMC, though this comes with some caveats: resolution of constitutional and legal issues with an eye on the rights of men in blue. Fair request, so long as we have a harvest, not thorns.