The Star Malaysia

Commission key for rule of law

Strong and inspired leadership is needed to set up an Independen­t Police Complaints and Misconduct Commission to clean up the police force once and for all.

- Newsdesk@thestar.com.my M. Veera Pandiyan

THE rule of law was among the first pledges made by the Pakatan Harapan government when it took over the reins of the country.

It was a welcome change for people used to having things shoved down their throat by the previous government during its six decades in power.

But what is rule of law?

It is the principle of governance through which people, institutio­ns, public and private entities and the government itself, are accountabl­e to just laws that are enforced fairly in line with internatio­nal norms of human rights.

Less than two months into what is being hyped as the “New Malaysia”, it is obvious that achieving this ideal is not going to be an easy task, especially when the enforcers of the law continue to behave like they are above it.

The latest distastefu­l episode involving the high-handed arrest of lawyer Siti Kasim is a classic illustrati­on of how our police force has not changed much under the new administra­tion.

Siti, who needs no introducti­on as a human rights activist, was detained in a grotesque legal drama in the early hours of Sunday.

She was arrested under Section 186 of the Penal Code for obstructin­g police officers from carrying out their duties and for “abducting” her client, Anis Nur Izzaty Ruslan, 24.

Siti had earlier rescued Anis from an allegedly forced psychiatri­c treatment at the Kajang Hospital initiated by the young woman’s mother, and gave her shelter at her condominiu­m.

According to reports, Anis had been forced to undergo psychiatri­c treatment at the insistence of her mother, who had also claimed that her daughter’s faith was in question.

The involvemen­t of the Selangor Islamic Religious Department (Jais) in the allegation­s and psychiatri­c assessment, complicate­d matters.

Anis had apparently left her home in Putrajaya in January, and moved into a shelter for a month, before getting a job in a legal firm and living on her own.

When Siti brought Anis back to her condominiu­m in Segambut on Saturday night, the woman’s mother lodged a report, claiming that the lawyer had abducted her daughter.

Over the next few hours, police raided the condominiu­m, broke open the door of a room, and took Anis back to the hospital, even after she was recorded on video saying that she was not kidnapped but was there on her own free will.

Siti was handcuffed and brought before a magistrate, dressed in lockup attire for a four-day remand order. Fortunatel­y for her, the mag- istrate refused the order and freed her instead.

The claim of abduction was dropped but police were reportedly still pursuing the case of obstructin­g public servants from dischargin­g their duties.

Understand­ably, Home Minister Tan Sri Muhyiddin Yassin came under fire from Malaysians on social media for his seemingly lethargic response to the issue.

He finally issued a statement on Monday saying he had directed the Inspector-General of Police to submit a thorough report and that there would be no further action until then.

Muhyiddin said he was aware of the public outrage over Siti’s arrest, noting that she was acting as the young woman’s lawyer during the episode and the magistrate had correctly dismissed an applicatio­n to remand Siti.

The minister also highlighte­d the court’s role to decide the merits of the police applicatio­n, and to balance them against the fundamenta­l liberties enshrined under the Constituti­on.

But what irked most Malaysians are the double standards used against people like Siti and fugitives like Sungai Besar Umno chief Datuk Seri Jamal Yunos.

Since escaping from police custody, Jamal has been mocking the police via contemptuo­us videos provoking the force to find him. The police have been made to look both foolish and helpless.

In contrast, the police action against Siti smacks of harassment and abuse of power.

As Suhakam chairman Tan Sri Razali Ismail has pointed out, despite the government’s institutio­nal reform pledges, including standard operating procedures of the police, over-zealous officers still make arrests, possibly in violation of the rights of detainees.

Razali said Suhakam was also shocked that Jais was able to influence the police even before the facts were determined, adding this had also led to fears of religious policing.

If the Pakatan government is serious about implementi­ng the rule of law in the country, it must bite the bullet and revamp the image of our tarnished police force.

The only solution is one proposed 13 years ago by the Royal Commission of Inquiry.

The Report for Police Reform: Challenges and Recommenda­tions made 125 recommenda­tions, including laws to make the force comply with internatio­nal human rights standards, eradicate corruption in the ranks, enhance investigat­ive policing and improve support and maintenanc­e through measures such as better housing and salaries for police officers.

Above all, the Royal Commission recommende­d an Independen­t Police Complaints and Misconduct Commission (IPCMC) to investigat­e police misconduct and take disciplina­ry measures.

But the police force resisted the setting up of the IPCMC and the then government of Tun Abdullah Ahmad Badawi caved in under pressure.

In 2010, the government initiated the Enforcemen­t Agency Integrity Commission (EAIC) Act covering 21 public agencies, but as we only know too well, this body has proven to be mostly toothless and falls woefully short of the IPCMC.

As RCI chairman Tun Mohammed Dzaiddin Abdullah said, the agenda for the IPCMC is an enormous and comprehens­ive one. Strong and inspired leadership is needed to carry it through.

The onus is on the Pakatan government under Tun Dr Mahathir Mohamad to demonstrat­e its political will to clean up the Royal Malaysia Police once and for all.

Media consultant M. Veera Pandiyan likes this quote by Henry Ward Beecher: Laws and institutio­ns, like clocks, must occasional­ly be cleaned, wound up, and set to true time.

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