It's SSC to handle complaints against all federal enforcement officers

From Star Web Edition
By B. Suresh Ram

KUALA LUMPUR (Dec 13, 2007): The much hyped Independent Police Complaints and Misconduct Commission (IPCMC) mooted in May 2005 in one of the 125 recommendations made by the Royal Commission to enhance the Operation and Management of the Royal Malaysia Police is becoming reality albeit changes.

It will be known as the Special Complaints Commission (SCC) and will not only look into misconduct and complaints against police officers but all federal enforcement officers.

Minister in the Prime Minister’s Department, Datuk Seri Mohd Nazri Abdul Aziz tabled the SCC bill in the Dewan Rakyat (Parliament) for first reading today.

The commission will consist of seven members comprising a chairman appointed by the Prime Minister, Inspector-General of Police, Director-General of the Public Complaints Bureau, Director-General of the Anti-Corruption Agency and three other members appointed by the Prime Minister.

Each member of the commission will hold office for a period of two years and a maximum of two terms.

The functions of the commission among others are:

To receive complaints from any person in relation to misconduct of an enforcement officer;

To refer complaints received from any person in relation to misconduct of an enforcement officer to the appropriate Disciplinary Authority or enforcement agency;

To require the Task Force to investigate the complaints of misconduct of an enforcement officer;

To access the investigation of the task force and to determine whether the alleged misconduct of the enforcement officer is of a criminal or disciplinary nature;

To forward investigation papers and other documents relating to the misconduct to the public prosecutor or disciplinary authority for further action; and

To receive feedback on the action taken by the public prosecutor or disciplinary authority and to inform the complainant on the status of the complaint.

The bill states that every enforcement agency will have to cooperate and assist the commission in exercising its functions and powers under the act.

The commission has also the power to form a task force to assist in performing its functions. The members of the task force can be drawn from the ACA, Bank Negara, Securities Commission, National Audit Department, police and other members of the civil service, including officers from the Judicial and Legal Services Department, the bill stated.

It also adds that members of the Commission, Chief Executive Officer and members of the task force will all have the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code and such powers would be in addition to that provided by this act.

This includes powers of search and seizure with warrant and without warrant of premises and power to stop, search and seize conveyances, it said.

The commission shall not, however, consider any misconduct alleged to be committed if it is a matter before any disciplinary authority, involved in any court proceedings, has been determined by any court and is being investigated by an enforcement agency, it added.

The bill states that enforcement agency facing a complaint before the commission shall have to submit monthly reports until the conclusion of the investigation, upon which the Public Prosecutor will have to decide in 30 days whether to charge the enforcement officer or not.

Later, speaking to reporters in Parliament lobby, Nazri said the bill included all enforcement agencies as it would be "ridiculous" to set up the SCC for the sole purpose of one particular enforcement agency.

"That was the concept from the very beginning when it was still a draft bill. The concept has always been to cover all (federal) enforcement agencies," he said.

Nazri added that the commission will function as a one-stop centre to look into misconduct and complaints and will only involve non-corrupt activities and agencies.

He added that the Public Complaints Bureau would act as the secretariat and be integrated into the new commission, which itself will come under the purview of the Prime Minister’s Department.