Article contributed by Priyenshar Sebastian, Officer; photos by Jul Indra Tofan and Satha Selvan Subramanian, Senior Administrative Assistants, Malaysian Bar Secretariat
The Bar Council Task Force on the Independent Police Complaints and Misconduct Commission (“IPCMC”) and Police Accountability in collaboration with civil society organisations and legal professionals, convened a forum on 21 Mar 2025 at Raja Aziz Addruse Auditorium, Wisma Badan Peguam Malaysia.
The forum was held to comprehensively evaluate the effectiveness of the Independent Police Conduct Commission (“IPCC”) and the broader framework of police oversight in Malaysia. It also provided a platform for in-depth discussions on the adequacy of IPCC, its impact on public trust in law enforcement and the necessary reforms to strengthen police accountability mechanisms.
The forum was officiated by the President of the Malaysian Bar, Mohamad Ezri Abdul Wahab, who reaffirmed the Bar’s unwavering commitment to independent police oversight as a cornerstone of justice and the rule of law. He reiterated the Bar’s long-standing advocacy for the establishment of IPCMC, as recommended by the Royal Commission of Inquiry (“RCI”) in 2005, and voiced concerns over the Government’s decision to replace it with the significantly weakened IPCC.
A distinguished panel comprising legal professionals, human rights advocates and representatives from civil society organisations provided critical insights into the key challenges posed by the current IPCC framework and proposed meaningful reforms.
The panellists identified several critical limitations in IPCC, inter alia:
(1) Lack of Investigative and Disciplinary Powers: Unlike the proposed IPCMC, IPCC has limited authority to prosecute or impose disciplinary measures, deferring key decisions to the Police Force Commission, which has a poor track record of addressing police misconduct;
(2) Scope of Misconduct: The scope of misconduct should be expanded; and the exclusion of misconduct under sections 96 and 97 of the Police Act 1967 severely limits the powers of IPCC;
(3) Limited Investigative Scope: IPCC has limited essential “Search and Seizure” powers, rendering its ability to conduct thorough investigations weaker than that of the defunct Enforcement Agency Integrity Commission (“EAIC”);
(4) Absence of Mandatory Public Inquiries: There is no statutory requirement for IPCC to conduct public inquiries into deaths in custody or police brutality, which limits transparency and accountability; and
(5) Non-Binding Recommendations: IPCC’s findings are merely advisory, with no legal obligation for law enforcement agencies to act upon them, undermining its effectiveness.
The forum highlighted how the absence of robust police accountability mechanisms fosters a culture of impunity. Recent incidents of deaths in custody, police brutality and alleged corruption were cited as examples of the systemic failures resulting from weak oversight. The panellists emphasised that without comprehensive reforms, public confidence in the Royal Malaysia Police will continue to deteriorate.
The panel proposed a series of reforms to ensure genuine police accountability:
(1) Restoration of Full Investigative and Disciplinary Powers: Amend the IPCC Act 2022 to grant the commission prosecutorial and disciplinary authority;
(2) Expand the Scope of Misconduct: Misconduct under sections 96 and 97 of the Police Act 1967 should be under the purview of IPCC;
(3) Mandatory Public Inquiries: Introduce a legal mandate for independent public inquiries into deaths in custody and serious allegations of police abuse;
(4) Parliamentary Oversight: Restructure IPCC to be accountable directly to the Parliament, reducing political interference from the Ministry of Home Affairs;
(5) Enforceable Decisions: Establish legal provisions to ensure that IPCC’s recommendations are binding and enforceable; and
(6) Greater Engagement with Civil Society: Foster meaningful collaborations between IPCC, legal bodies, human rights organisations and community representatives to enhance oversight mechanisms.
The participants at the forum also highlighted the need to address police corruption and urged the panellists to focus on this issue as it is a contributing factor to the lack of police accountability and misconduct.
The panellists strongly urged the Government to take immediate legislative action to strengthen IPCC. The current framework is inadequate in addressing systemic police misconduct, and failure to implement meaningful reforms will perpetuate a cycle of abuse and impunity. The panellists affirmed their position that only a truly independent, transparent and empowered oversight body can restore public trust in law enforcement.
The forum concluded with a collective call for urgent parliamentary and public engagement in police accountability reforms. Members of Parliament and policymakers are urged to prioritise comprehensive legislative reforms to uphold justice, human rights and the rule of law. It is imperative that law enforcement officers are held to the highest standards of accountability to ensure the safety and rights of all Malaysians.
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