Reform PDRM (?)


September 12, 2010

To New IGP: Reform Polis Di-Raja Malaysia (PDRM–Royal Malaysian Police)

by Hazlan Zakaria@http://www.malaysiakini.com (September 7, 2010)

With a new IGP on the way, the Royal Malaysian Police (PDRM) may have another chance at reform if the new police chief makes tough decisions like the British High Commissioner to Malaya, Gerald Templer, once did.

When Templer (right) was put in charge of a troubled Malaya, he had his work cut out for him. Not only had he to deal with an increasingly violent communist insurgency, there were a host of other issues as well. Among his many problems was a cowed and distrustful public, an inept police force and a severely demoralised civil service.

These are problems that the present-day PDRM, and the one inheriting the mantle of IGP, similarly face; the force struggles with a rising crime rate, a disheartened rakyat and internal rot in the form of demoralised and corrupt members of the service.

Undaunted with the challenges of his time, the cunning political soldier that Templer was, set out to work at reforming the very foundations of governance even before he began to combat the Communist threat.

Templer’s first order of business was to exorcise the rot from the colonial administration, cutting out time-wasters whose hearts were not in the fight and corrupt officials whose minds resided in their pockets.

This not only served as a warning to anyone who shirked their responsibilities, but also heartened those for whom duty still held true.

Cut out the rot first

He created a lean and mean fighting machine. It is something that the seemingly bloated and perceived as ineffectual PDRM would do well to emulate, before it can even think of fighting crime  and regaining the public’s trust.

Mere cosmetic moves like refurbishing regulations, fancy new-fangled equipment and so-called police station leagues are no answer if the force itself is riddled with rot.

For despite vehement denials, it may be expedient to admit there are police officers who are less than motivated to pursue their duty, and some who not only neglect but cross the line between law and crime.

One of the biggest challenges for the new IGP, if he is serious about reform, is to cut out this rot and ensure that the police are reminded of their duty. Duty, like justice, must not only be served, but also seen to be served.

Winning hearts and minds

After reining in the colonial service, Templer then targeted the public image of what seemed to be an ineffectual and public-shy security force.

He initiated what was the precursor of the modern psy-war phrase ‘hearts and minds’ programme, with the main task to create and reinforce the impression that the job of the police was truly to serve the public.

As part of this effort, the Malayan Police Commissioner Arthur E Young instituted Operation Service in 1952. This was the origin of the police badge that featured the all too familiar handshake, with the motto, Bersedia Berkhidmat, or Ready to Serve. It was a campaign aimed at engaging, building and restoring public trust.

Operation Service succeeded in winning over the public, ensuring the cooperation of the rakyat in fighting the communists and countering the once negative perception of the police. Public support multiplies the effectiveness of security initiatives.

A return to this philosophy would go far in restoring the badly tarnished image of the police, not to mention in helping to re-forge the win-win relationship with the rakyat that will increase police effectiveness in crime fighting.

Re-inventing the police

With a reformed civil service and a supportive public behind him, Templer had a tool in his hands with which to fight the communists, but as he found out the tool he had was less than effective.

A spade cannot drive in nails like a hammer nor can a hammer dig like a spade. What Templer needed to do was make sure that the tool was re-prioritised to handle his immediate need, that was to fight the communists, something that the police force then was ill-equipped to do.

He went on to re-organise the police for counter-insurgency warfare and re-invigorate the Special Branch in order to the be able to infiltrate, spy on and then subvert the massive country-wide communist network.

This is another strategy that the PDRM needs to consider; to re-tool for the current threat, but unlike the previous two, it is a solution that must be followed in reverse.

Just as Templer reformed the Malayan police into a counter-insurgency force to be reckoned with, so must the PDRM be uncoupled from those roots and be re-made into a force for public order, instead of the tool for the current regime to monitor and suppress political dissent that many say it has become.

Duty to party or public?

The public can observe ample evidence of this in the bloated ranks and funding for the Special Branch, that spends more of its time observing the opposition, journalists and activists than any criminal enterprise.

Polis Anti-Rasuah?

It is important to observe that the duty of the police is to enforce public order and not help prop up the increasingly unpopular BN regime.

For this final lesson from Templer, the newly-made IGP must search his soul and look deep inside it. Is his duty to the BN regime or the public?

In a perfect world, the answer is obvious: the police should serve the public. But we do not live in such idealistic times and the police hierarchy is all too often built from the ground-up in the same mould as the previous IGP was perceived to be – an obedient, unquestioning arm of the executive.

While the standard line has always been that the police must answer to the government of the day, the question to ask is perhaps where the government derives its authority from, the true answer to which is from the voting public.

Based on this reasoning, the police must serve the public. The way to reform is top down and hopefully the new IGP will take up this challenge, failing which he and PDRM will continue to be another puppet on government strings, an automaton doing the BN regime’s bidding.

27 thoughts on “Reform PDRM (?)

  1. Tan Sri Ismail Omar should choose former IGP, Tun Hanif Omar, as his role model. If he can do that, he can make a modest start to change the culture of the Police Force. He will be cautious since he does not have the force of personality to push through serious reforms. He should try to establish an Independent Police Complaints and Misconduct Commission (IPCMC) aimed at dealing with complaints regarding the police and seeking to improve the professionalism of the force and ensure that doctrines, laws, rules and procedures are observed and implemented by the police.

    He cannot be a Gerald Templer, but at least he can try to emulate Tun Hanif Omar. Tan Sri Ismail would have achieved something if he can stop the rot in the Force. I am not expecting too much from him since he is no position to act freely. After all, he is one of the boys.

    Expect him to be an innovator? Nope. He is constrained and as a bureaucrat, he must work through the Minister of Home Affairs as he is not free to move on his own. So I am not expecting major shake ups.He is likely to tinker at the fringes.–Din Merican

  2. “With a reformed civil service and a supportive public behind him, Templer had a tool in his hands ….”

    He sure did – and one that would have turned our Tok Cik green with envy, and Sharizat nuts.

  3. As reminder, here it is: Badawi gone and Musa Hassan just gone but the reform is stalled.

    MALAYSIA: Implement the Royal Police Commission’s recomendations PDF Print E-mail
    Thursday, 31 May 2007

    Human Rights & Policing Action:
    Implement the Recommendations of the Royal Police Commission

    Background

    The Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police was established by the King on 4 February 2004 under the Commission of Inquiry Act, 1950. In its 576-page report, submitted to the Prime Minister on 29 April, and which was publicly released on 12 June 2005, the Commission made 125 recommendations focusing on three main areas of reform – crime reduction, eradicating corruption and observing human rights in policing the country.

    Among the key recommendations were:

    · Establish an Independent Police Complaints and Misconduct Commission (IPCMC) aimed at dealing with complaints regarding the police and seeking to improve the professionalism of the force and to ensure that doctrines, laws, rules and procedures are observed and implemented by the police.

    · Establish reasonable grounds before arrest by carrying out test on informants’ allegation and surveillance before acting on a report of an alleged crime.

    · Substitute section 113 of CPC which allows any statement taken from a suspect in custody to be used as evidence in court with new provision that specify clear exceptions.

    · Record statements or confessions before magistrate pursuant to section 115 of CPC which allows for a right to a lawyer.

    · Make compliance with human rights and prescribed laws one of the three top priorities for PDRM.

    · Launch a human rights education and information initiative in PDRM.

    · Amend section 27 of the Police Act 1967 which emphasise the need to have a police permit to organise gatherings.

    · Amend section 73 of the Internal Security Act 1960 to allow a detained person to be produced before a magistrate within 24 hours and be allowed access to family and lawyers and limit the detention period to a maximum of 30days.

    · Amend section 3 of the Dangerous Drugs (Special Preventive Measures) Act 1985 to allow a detained person to be produced before a magistrate within 24 hours and be allowed access to family and lawyers. The Commission also recommends limiting the detention period to a maximum of 30days.

    · Repeal Restricted Residence Act 1933 that allows the preventive detention of suspected criminals in a specific residential area that may extend up to the lifetime of a person.

    · Repeal Emergency (Public Order and Prevention of Crime) Ordinance 1969.

    · Partially repeal the Prevention of Crime Act 1959.

    · Amend section 117 CPC to allow for a maximum of 7 days for an arrest without warrant and not more than 24 hours for arrest with warrant and be allowed access to a lawyer and in cases where there is no lawyer present, the magistrate must enquire from a detainee if he wishes to make any complaint regarding his arrest and detention.

    · Adopt code of practice relating to the arrest and detention of persons.

    · Conduct inquiries into all cases of custodial deaths and make the process more expeditious, transparent and accountable.

    · Enhance Special Branch accountability with its powers and responsibilities spelt out in law so that it can function impartially and independently and to clearly define the term ‘security’ to avoid misconception and abuse of power.

    The implementation process

    The report renewed the hope of an independent, accountable and professional police in Malaysia. The public and concerned groups celebrated these recommendations and looked forward to their immediate implementation.

    In June 2005, a Task Force headed by the Prime Minister was set up to study the Commission’s report and to determine the order of priority in the implementation of the recommendations.

    Unfortunately, until today, civil society and the public at large have been kept in a dark on the specific status of the various recommendations despite the clear and specific timelines set by the Commission.

    There is also a major concern on lack of transparency in the process of implementing these recommendations. The lack of progress in implementing the Royal Commission’s recommendations especially the matters dealing with human rights is due to the lack of political will on the part of the Malaysian government.

    In spite of these recommendations instances of police violence, abuse of power and human rights abuses continued as usual since the report of the Royal Commission were made public. Cases of death in custody, violent dispersal of peaceful demonstrators and other form of human rights violation continued to be reported.

    What you can do

    Write to the Prime Minister of Malaysia

    · Call for a total implementation of the Royal Commissions Report without further delay.
    · Emphasize that there are major concern on lack of transparency in the process of implementing these recommendations especially the matters dealing with human rights and
    · Ask him demonstrate the political will on the part of the Malaysian government to make the long awaited reform process to this crucial public service to become a reality.

    YAB Dato’ Seri Abdullah bin Haji Ahmad Badawi (Gone for Good)
    Prime Minister and Minister of Internal Security
    Prime Minister’s Office Malaysia
    Perdana Putra Building,
    Federal Government Administrative Centre,
    62502 PUTRAJAYA Malaysia.
    Tel: + 60 3 8888 6000
    Fax: + 60 3 8888 3444

    Write to the Attorney General to:
    · Immediately finalise and table the Independent Police Complaints and Misconduct Commission (IPCMC) Bill without any delay and major amendments to the Parliament.

    Tan Sri Abdul Ghani Patail (Still around but ineffective because of scandal)
    Attorney General
    Attorney General’s Chambers of Malaysia
    Level 1-8 Block C3, Parcel C,
    Federal Government Administrative Centre,
    62512 Putrajaya
    Malaysia
    Phone No: 03 – 8885 5000
    Fax No: 03 – 8888 9362

    Write to the Inspector General of Police and call on him to:
    · To make compliance with human rights one of the three top priorities for PDRM.
    · To launch a human rights education and information initiative in PDRM.
    · Support the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) aimed at dealing with complaints regarding the police and seeking to improve the professionalism of the force and to ensure that doctrines, laws, rules and procedures are observed and implemented by the police.

    Tan Sri Musa Hassan( Just retired)
    Ketua Polis Negara
    Ibu Pejabat Polis,
    Bukit Aman,
    50560 Kuala Lumpur
    Phone: 03 2262 6015
    Fax: 03 2272 5613

  4. It is time Malaysian Police introduce the Miranda rights and make sure to have them read out to the suspect when arresting him. It goes like this:

    You have the right to pretend to be dumb, deaf and blind.

    Anything you don’t say or don’t do will be used against you.

    You have the right to consult a loyar at loyarburok.com
    If you cannot afford a loyar burok, try a loyar baru.

    If you decide to answer questions without a loyar, it is none of my business if you do.

    Do you understand? If you don’t then good luck to you.

  5. fat chance if PDRM continues to be under the claw of UMNO.

    look at their behaviour in the Perak coup and the Selangor CPO aggressive stance towards NGOs and activists. Contrast that with the tolerant attitude towards UMNO’s similar partaking in protests. And you expect the public to trust them?

  6. Aisay, before any of the Commission’s recommendations be implemented the “Force” should first be ‘reformed’. Jedi Master Yoda, should be able to sort this reformasi out. Since the Henry Gurney School is inadequate for this task, i propose that a ‘New Village” be built in the middle of Putrajaya Swamp-Lake for this purpose. 1st. batch of recacitrants should be the SB, especially that flur monitoring this blog! Besides electrified barb wire fences, rabid guard dogs and taliban like wardens, newly promoted Lt. Gen Tok Cik and his team should man the outer perimeter with suitable high caliber hunting rifles and shotguns.

    If we really want the IPCMC to become reality – chuck out the current Masters of the Universe first. Master Yoda can’t help otherwise.

  7. What is there to reform even a royal commission can be challenged. Only a dead duck will like to reform under UMNO not our PDRM unless a new government is in placed.

  8. I would like very much to give the new IGP a chance but recent history and the fact that everything is politicised now in this country and UMNO is also in dire straits at the ground level, I won’t place too much hope.

    Just be honest and open about what happened to A Kugan who died in custody and about Aminulrasyid’s shooting should be a good start. Better still if can send Selangor CPO to be in charge of old files and administration in Bukit Aman, at least he won’t lose his Perdana car again 🙂

  9. Hazlan Zakaria writes a good article – no doubt about it, but alas, I think he is aiming at the wrong person. The empowered Templer was in effect the prime minister of the day! And he was tough but was fair. Very importantly, he was scrupulously honest and he had brains.
    Unfortunately, none of these attributes can ever describe our PM. And the new IGP? He has his retirement pension to worry about, so he’ll just cruise along at best.
    Now, if only it is possible for Ramli Yusof to be contracted to be the IGP – then, we’d really see fireworks!

  10. Din, any idea if Dato Ramli Yusuff, after all his acquittals from all the charges against him, was re-instated to his old rank of Police Commissioner with his pensions in place? That’s the least they should do for the man who was put through hell for doing his job.
    _________
    Sentinel, I have not spoken to Dato Ramli. I will check and let you know. PDRM must restore his rights, and then give him the traditional farewell parade. Tan Sri Ismail Omar will do that.–Din Merican

  11. C’mon you guys! How could we do without the police? Imagine life without police corruption, police brutality, suspicious deaths when in police custody, detention without trial, torture, rape, and then having to answer to trumped up charges etc. Life would be very boring for the average Malaysian. Wouldn’t it?

    We should be thankful for the services they provide, for their undivided loyalty to king and country. Taxpayers should cough out more tax dollars to pay for their salaries. That’s police reform.

  12. “Amend section 117 CPC to allow for a maximum of 7 days for an arrest without warrant and not more than 24 hours for arrest with warrant and be allowed access to a lawyer and in cases where there is no lawyer present, the magistrate must enquire from a detainee if he wishes to make any complaint regarding his arrest and detention.”

    S. 117 CPC should be amended to provide for indefinite detention at the will of law enforcement agencies. How else would agencies dealing with law enforcement carry out their duties? After all they are acting to enforce the law? Aren’t they? Aren’t they?

  13. “Adopt code of practice relating to the arrest and detention of persons.”

    What Code of Practice are you talking about?? For investigation purposes everybody suspected of a crime is guilty until proven otherwise. Everybody is a suspect. The only rights suspect have are rights we give them. They have the right to remain silent. We have the right to break that silence. They have no right to a lawyer. We give them that right at a time of our choosing and on terms we deem fit. And if they cannot afford a lawyer none will be given.

  14. Reform PDRM? Tall order mah. Nothing can be reformed unless Umno is reformed then only can the rest wear the same uniform.

    Gen Templer was handpicked for the job and was given exclusive powers to right the wrongs. How much can we expect from Ismail? Nothing much. The Police will remain what it’s designed for – a convenient tool of intimidation by the BN Government.

  15. For a start try contracting out police services with the Los Angeles Sheriff Department. Many cities in the greater Los Angeles area have contracted out their Police services to the LA Sheriff Departrment with great results. History has shown that the Mat Sallehs was successful in cleaning up the system in Malaysia. Malaysians look up to the Mat Sallehs.

    Mongkut Bean can be the Legal Counsel for the contracted services.

  16. “Amend section 73 of the Internal Security Act 1960 to allow a detained person to be produced before a magistrate within 24 hours and be allowed access to family and lawyers and limit the detention period to a maximum of 30days”

    You gotta be kiddin’. The reason why we have laws like the Internal Security act is because they are a threat to internal security. They are a threat to internal security because we deem that they are. When they are so deemed, they have no rights. No right to know why they are being detained. No right to know the evidence. No right to a lawyer. If we allow them to see a lawyer it is only to tell their lawyer that they have been detained for reason or reasons they do not know. Since they do not know, they do not need a lawyer. Since they do not need a lawyer, we do not know of any reason why they should be released. And since we do not know why we are holding them, we have a right to detain them until we know.

  17. Know what? All these legalese mumbo jumbo make me kepala pusing pusing. Malaysia needs to develop a Bill of Rights, then only we can have the Miranda Rights. If not we still have Polis saying ” Jangan Bergerak, hampir kemarii” “Do not move, move over here” How do I do that? I ask. Not easy my Polis friend.

  18. “He created a lean and mean fighting machine”

    Therein lies the nutshell, if our new IGP (and his boss, the PM)can run around PPH Ulu Kinta’s parade ground twice without collapsing in a wheezing fit, they’ll get my vote. Let make it easy, the IGP doesnt even have to carry his weapon and rucksak.

    But Im not holding my breath though!

  19. “Therein lies the nutshell, if our new IGP (and his boss, the PM)can run around …”

    The IGP both outgoing and incoming don’t have the nuts for the job, let alone be seen holding their nuts as they run around the parade ground.

  20. A monumental task to try and reform, when someone inherits other people’s mess…. may be ” Malaysia Boleh ” ! ” Boleh Cuba ” …. Kena sabar sedikit, hopefully Malaysia may be blessed .

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