-Thevarajan R, SUARAM Coordinator, June 6, 2013

SUARAM refers to the The Malaysian Insider news article titled “Enforcement  Oversight body has just one officer to investigate 19 agencies, says  CEO” on 4 June 2013. The title itself says it all.

The reality and condition of the Enforcement Agency Integrity Commission  (EAIC) are  being seen now, straight from the mouth of its CEO, Nor  Afizah Hanum Mokhtar.

In a public consultation done by EAIC in Petaling Jaya on the 20 December  2012, which was chaired by its CEO, chairman and deputy chair, Datuk  Heliliah Mohd Yusof and Datuk Paul Low Seng Kuan, the main issue  highlighted was that the EAIC probes 19 enforcement agencies including  the Royal Police of Malaysia (PDRM). The quantity of agencies probed was the proud issue for  EAIC, the quality wasn’t an issue and it was  acknowledged today by the CEO that only one investigating officer was  assigend to probe19 agencies.

Budget and manpower were  the issues highlighted by Nor Afizah Hanum which  contribute to the latest criticism towards the EAIC. She said that the  EAIC needs an annual budget of at least RM25 million, 10 investigating  officers and 10 research officers. SUARAM avers  that until  all these  suggestions are implemented, the EAIC will not be able to build the  public confidence in  the agency.

SUARAM would like to highlight the root issue of  the EAIC which is the  absence of prosecution power. The EAIC only has the power to   investigate complaints and the finding of its investigation will be  referred back to the police force.

Comparatively, the Independent Police Complaints and Misconduct Commission (IPCMC) has more power  as an oversight mechanism asit can initiate legal action  against any officers for abuse of power. IPCMC was one of the 125  recommendations made by the Royal Commission of Police back in 2004.  This recommendation was supposed to be implemented in 2006. The watered  down version of the IPCMC, which is the EAIC came into picture in 2011.

SUARAM would like to also highlight the point made by the Home Minister, Ahmad Zahid Hamidi that the EAIC will be conducting investigation on  Dharmendran’s death. SUARAM avers that the Home Minister’s statement  does not hold water as the EAIC will not investigate Dharmendran’s death in the absence of a formal complaint. This was SUARAM’s concern which  was pointed out at the   the consultation with the EAIC  where SUARAM  emphasized the need for the EAIC to be proactive in  investigating abuse of power by the men in blue, not waiting for a complaint to be lodged  first.

SUARAM together  civil society groups reiterate the call for the  implementation of the IPCMC and urge the Government to immediately scrap the EAIC