Human Rights & Policing Action
Background
The Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police was established by the King on 4 February 2004 under the Commission of Inquiry Act, 1950. In its 576-page report, submitted to the Prime Minister on 29 April, and which was publicly released on 12 June 2005, the Commission made 125 recommendations focusing on three main areas of reform - crime reduction, eradicating corruption and observing human rights in policing the country.
Among the key recommendations were:
· Establish an Independent Police Complaints and Misconduct Commission (IPCMC) aimed at dealing with complaints regarding the police and seeking to improve the professionalism of the force and to ensure that doctrines, laws, rules and procedures are observed and implemented by the police.
· Establish reasonable grounds before arrest by carrying out test on informants’ allegation and surveillance before acting on a report of an alleged crime.
· Substitute section 113 of CPC which allows any statement taken from a suspect in custody to be used as evidence in court with new provision that specify clear exceptions.
· Record statements or confessions before magistrate pursuant to section 115 of CPC which allows for a right to a lawyer.
· Make compliance with human rights and prescribed laws one of the three top priorities for PDRM.
· Launch a human rights education and information initiative in PDRM.
· Amend section 27 of the Police Act 1967 which emphasise the need to have a police permit to organise gatherings.
· Amend section 73 of the Internal Security Act 1960 to allow a detained person to be produced before a magistrate within 24 hours and be allowed access to family and lawyers and limit the detention period to a maximum of 30days.
· Amend section 3 of the Dangerous Drugs (Special Preventive Measures) Act 1985 to allow a detained person to be produced before a magistrate within 24 hours and be allowed access to family and lawyers. The Commission also recommends limiting the detention period to a maximum of 30days.
· Repeal Restricted Residence Act 1933 that allows the preventive detention of suspected criminals in a specific residential area that may extend up to the lifetime of a person.
· Repeal Emergency (Public Order and Prevention of Crime) Ordinance 1969.
· Partially repeal the Prevention of Crime Act 1959.
· Amend section 117 CPC to allow for a maximum of 7 days for an arrest without warrant and not more than 24 hours for arrest with warrant and be allowed access to a lawyer and in cases where there is no lawyer present, the magistrate must enquire from a detainee if he wishes to make any complaint regarding his arrest and detention.
· Adopt code of practice relating to the arrest and detention of persons.
· Conduct inquiries into all cases of custodial deaths and make the process more expeditious, transparent and accountable.
· Enhance Special Branch accountability with its powers and responsibilities spelt out in law so that it can function impartially and independently and to clearly define the term ‘security’ to avoid misconception and abuse of power.
The implementation process
The report renewed the hope of an independent, accountable and professional police in Malaysia. The public and concerned groups celebrated these recommendations and looked forward to their immediate implementation.
In June 2005, a Task Force headed by the Prime Minister was set up to study the Commission's report and to determine the order of priority in the implementation of the recommendations.
Unfortunately, until today, civil society and the public at large have been kept in a dark on the specific status of the various recommendations despite the clear and specific timelines set by the Commission.
There is also a major concern on lack of transparency in the process of implementing these recommendations. The lack of progress in implementing the Royal Commission’s recommendations especially the matters dealing with human rights is due to the lack of political will on the part of the Malaysian government.
In spite of these recommendations instances of police violence, abuse of power and human rights abuses continued as usual since the report of the Royal Commission were made public. Cases of death in custody, violent dispersal of peaceful demonstrators and other form of human rights violation continued to be reported.
What you can do
Write to the Prime Minister of Malaysia
· Call for a total implementation of the Royal Commissions Report without further delay.
· Emphasize that there are major concern on lack of transparency in the process of implementing these recommendations especially the matters dealing with human rights and
· Ask him demonstrate the political will on the part of the Malaysian government to make the long awaited reform process to this crucial public service to become a reality.
YAB Dato' Seri Abdullah bin Haji Ahmad Badawi
Prime Minister and Minister of Internal Security
Prime Minister's Office Malaysia
Perdana Putra Building,
Federal Government Administrative Centre,
62502 PUTRAJAYA Malaysia.
Tel: + 60 3 8888 6000
Fax: + 60 3 8888 3444
Write to the Attorney General to:
·Immediately finalise and table the Independent Police Complaints and Misconduct Commission (IPCMC) Bill without any delay and major amendments to the Parliament.
Tan Sri Abdul Ghani Patail
Attorney General
Attorney General's Chambers of Malaysia
Level 1-8 Block C3, Parcel C,
Federal Government Administrative Centre,
62512 Putrajaya
Malaysia
Phone No: 03 - 8885 5000
Fax No: 03 - 8888 9362
Write to the Inspector General of Police and call on him to:
· To make compliance with human rights one of the three top priorities for PDRM.
· To launch a human rights education and information initiative in PDRM.
· Support the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) aimed at dealing with complaints regarding the police and seeking to improve the professionalism of the force and to ensure that doctrines, laws, rules and procedures are observed and implemented by the police.
Tan Sri Musa Hassan
Ketua Polis Negara
Ibu Pejabat Polis,
Bukit Aman,
50560 Kuala Lumpur
Phone: 03 2262 6015
Fax: 03 2272 5613
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