If a group of police officers took you from your home, remanded you for several days but did not promptly question or take your statement during your time in the lock-up, would that be a breach of police conduct?
No, according to the Enforcement Agency Integrity Commission (EAIC), which rejected a complaint on the matter last year, because it purportedly fell outside the definition of “misconduct”.
In a letter sent to the complainant, dated Nov 6, 2013, the EAIC said that the case “fell outside the ambit of wrongdoing” under Section 24 of the EAIC Act.
“As such, no further action can be taken on the report,” the letter reads.
Section 24 details misconducts which can be investigated by the EAIC.
They include “act or inaction by an enforcement officer” which the EAIC believes is “unreasonable, unjust, oppressive or improperly discriminatory”.
Held 3 days, quizzed for 2 hours
According to the complainant's report, lodged Dec 2012, police had arrived at his home in two vehicles at 8.30pm and arrested him in a “thuggish” manner in front of his young children.
He claimed that the police did not have an arrest warrant and had not contacted him nor taken his statement prior to the arrest, which took place in September 2011.
Malaysiakini's checks with lawyers, however, revealed that police do not necessarily produce warrants when conducting arrests.
The complainant, who requested anonymity for fear of reprisals, was working as a senior finance manager and was accused by his employer of criminal breach of trust.
In his report to EAIC, he alleged that his employer had used “contacts” in police to “abuse his powers and instruct for (the complainant's) arrest and remand”.
He also claimed that he was “left alone” at the Dang Wangi district police headquarters (IPD) after the arrest and could not contact his lawyer who was “frantically trying to seek information” of his whereabouts.
He added that police did not take his statement that night but was taken to the Bukit Jalil Remand Centre past midnight.
A remand order of three days was obtained by police the following day, while police only questioned him for two hours in the afternoon of the last day of remand.
Victim wants system to work
He said that he had lodged a report over the detention and alleged “false report” by his employer but no action has been taken.
“I am a fierce loyal citizen of this country and would want to see a clean, uncorrupted and independent police force.
“Thus I demand that (EAIC) conduct an independent and firm investigation on all parties involved on the abuses allowed by the police officials and perpetrated on me,” he wrote.
When contacted, EAIC declined to comment, saying that it was acting in accordance with the EAIC Act.
Earlier, a lengthy report by the Human Rights Watch quoted EAIC officers as saying that the commission was “set up to fail”, due to lack of resources.
It also found that EAIC investigators were “stonewalled” by police who refused to reveal standard operating procedures for the purpose of investigations.
The EAIC currently has no commissioners as the previous commissioners' terms have ended and no new commissioners have been appointed.
No, according to the Enforcement Agency Integrity Commission (EAIC), which rejected a complaint on the matter last year, because it purportedly fell outside the definition of “misconduct”.
In a letter sent to the complainant, dated Nov 6, 2013, the EAIC said that the case “fell outside the ambit of wrongdoing” under Section 24 of the EAIC Act.
“As such, no further action can be taken on the report,” the letter reads.
Section 24 details misconducts which can be investigated by the EAIC.
They include “act or inaction by an enforcement officer” which the EAIC believes is “unreasonable, unjust, oppressive or improperly discriminatory”.
Held 3 days, quizzed for 2 hours
According to the complainant's report, lodged Dec 2012, police had arrived at his home in two vehicles at 8.30pm and arrested him in a “thuggish” manner in front of his young children.
He claimed that the police did not have an arrest warrant and had not contacted him nor taken his statement prior to the arrest, which took place in September 2011.
Malaysiakini's checks with lawyers, however, revealed that police do not necessarily produce warrants when conducting arrests.
The complainant, who requested anonymity for fear of reprisals, was working as a senior finance manager and was accused by his employer of criminal breach of trust.
In his report to EAIC, he alleged that his employer had used “contacts” in police to “abuse his powers and instruct for (the complainant's) arrest and remand”.
He also claimed that he was “left alone” at the Dang Wangi district police headquarters (IPD) after the arrest and could not contact his lawyer who was “frantically trying to seek information” of his whereabouts.
He added that police did not take his statement that night but was taken to the Bukit Jalil Remand Centre past midnight.
A remand order of three days was obtained by police the following day, while police only questioned him for two hours in the afternoon of the last day of remand.
Victim wants system to work
He said that he had lodged a report over the detention and alleged “false report” by his employer but no action has been taken.
“I am a fierce loyal citizen of this country and would want to see a clean, uncorrupted and independent police force.
“Thus I demand that (EAIC) conduct an independent and firm investigation on all parties involved on the abuses allowed by the police officials and perpetrated on me,” he wrote.
When contacted, EAIC declined to comment, saying that it was acting in accordance with the EAIC Act.
Earlier, a lengthy report by the Human Rights Watch quoted EAIC officers as saying that the commission was “set up to fail”, due to lack of resources.
It also found that EAIC investigators were “stonewalled” by police who refused to reveal standard operating procedures for the purpose of investigations.
The EAIC currently has no commissioners as the previous commissioners' terms have ended and no new commissioners have been appointed.
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