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Media Statement          
by Lim Kit Siang  
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(Parliament, Saturday): The Parliamentary Roundtable on the Special Complaints Commission (SCC) Bill – the fake Independent Police Complaints and Misconduct Commission (IPCMC) – will be held in Parliament House next Friday, 28th December 2007 at 9.30 am. Instead of the originally announced Thursday, 27th December.

This is because on Thursday, 27th December 2007, I will be in Shah Alam Sessions Court for the sentencing of the Batu Caves 26 for unlawful assembly and causing mischief charges.

Although the ludicrous “attempted murder” charges against the 31 – and the manhunt for at least another 30 on a similar charge of attempted murder of a cop – had been dropped, the ordeal of the total of 403 days which the 31 had to spend under incarceration in prison (i.e. 13 days each) as they were not allowed bail, is an unforgettable experience for the 31 who were innocent of the attempted murder charge and a blot on the system of administration of justice in Malaysia!

I will be at the Shah Alam Sessions Court on Thursday as a sign of solidarity with the Batu Caves 26 (as charges against five students had been withdrawn) and well as a gesture of protest against the system of justice which could deprive a total of 403 days of freedom from 31 innocent persons!

Is the Attorney-General Tan Sri Gani Patail prepared at minimum to publicly tender a public apology for the 403 days of incarceration he had caused the Batu Caves 31 when was a clear abuse of his discretionary prosecutorial powers – not to mention the sufferings he caused the families concerned as well as hardships for those who lost their jobs as a result of the unjust incarceration?

Invitations to NGOs and NGIs, as well as the 16 Commissioners of the Royal Police Commission, to the Parliamentary Roundtable on the SCC Bill next Friday are in the process of being sent out.

Instead of an IPCMC “lion” with teeth and claws, a toothless and clawless SCC mouse has been produced wasting four years of the Abdullah premiership, making a total mockery of Abdullah’s pledge to reform the police and the Royal Police Commission Report with its 125 recommendations to create an efficient, accountable, incorruptible and professional world-class police service to keep crime low, eradicate corruption and uphold human rights.

The challenge facing all NGOs, NGIs and Malaysians concerned about the unchecked breakdown of law and order with the rise of endemic crime in the country is how to salvage the original IPCMC proposal of the Royal Police Commission in the face of relentless opposition by the police and the lack of political will and authority of the Prime Minister who is also Internal Security Minister.

The Police have won its battle to water down the IPCMC proposal of the Royal Police Commission, to the extent that the Inspector-General of Police is to become a permanent member of the SCC when the Royal Police Commission had barred serving or former police officers from being appointed as IPCMC commissioners.

All the international best practices in other advanced countries for an effective oversight mechanism over police conduct are for it to be completely independent, excluding all police participation.

The United Kingdom Police Reform Act 2002, for instance, provides for the appointment for a Chairman and not less than ten other members of the Independent Police Complaints Commission (IPCC). It provides that no person who “holds or has held office as a constable in any part of the United Kingdom” or “is or has been under the direction and control” of a chief police officer could be appointed as Chairman or commissioner.

Why is Malaysia buckling this trend of international best practices if the Police and Government are serious in wanting to make the oversight mechanism over police misconduct a successful one rather than a scandalous failure?

Can the original IPCMC proposal be salvaged and is it worth the effort to try to salvage it.

This is the first issue the Parliamentary Roundtable on the SCC Bill (fake IPCMC) next Friday must grapple with.
 

(22/12/2007)