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.
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.