By LIM SUE GOAN/ Translated by SOONG PHUI JEE/ Sin Chew Daily
End of last year, Parliament has passed the Malaysian Anti-Corruption Commission (MACC) Act and Judicial Appointments Commission Act, implementing two of Prime Minister Datuk Seri Abdullah's reform commitments. And the last reform, the Enforcement Agency Integrity Commission (EAIC) Bill, has been tabled for its first reading at the Dewan Rakyat on 11 March.
Although the EAIC could carry out investigations on 21 enforcement agencies, including the police force, but it holds no prosecution power. The EAIC is basically a compromise, as under the strong opposition from the police, the government has shelved the Independent Police Complaints and Misconduct Commission (IPCMC) plan suggested by the Royal Commission and now, they try to get more enforcement agencies involved. The so-called expanding the oversight of other agencies is in fact ineffective in checking and balancing the power of police.
Among the law enforcement agencies, the public have most contact with the police force. The police is responsible for the public order and holds a great deal of power at the same time. Under the circumstances of lacking check and balance, power abuse incidents and complaints could be heard from time to time.
Over the years, police treatment of suspects has always been a source of controversy. The death of suspected car thief A.Kugan who died in police custody has exposed that some police officers did not responsibly exercise their powers.
After Kugan's death, the authorities did not take seriously the possible abuse of violence. Instead, they turned their attention to the two deputy ministers and the family members of the deceased who entered the morgue without permission. After that, they found two different autopsy reports. There are a lot of questions begging for answers from the police and the Attorney General's Office.
Besides, after the police officers have shot suspects to death during a round up, they have not been appropriately investigated by external bodies. For example, police shot dead six armed robbers in Sungai Petani by giving the reason of self-defence, which failed to convince the bereaved family members.
Some people may think that violence should be countered by violence, but the rule of law is more important to a civil society. The police should not simultaneously be the law enforcer and the judge.
Unfortunately, Abdullah did not insist enough on his reforms. The MACC is not responsible to the Parliament; the judiciary is still interfered with by the executive division and now, the course of the plan to reorganise the police force has changed.
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