Opinion: To the Director of Federal CID, how about setting up an Accountability Database on law enforcers?

Opinion
30 Oct 2023 • 3:30 PM MYT
FLK
FLK

Used to do a bit of work in corporate restructuring, corporate `undertaker.

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Dear Commissioner Mohd Shuhaily, in early Oct 2023, a video of your speech posted on the official Malaysian police TikTok page quoted warning the 130 KBSJD (Criminal Investigation Department chiefs) that if they fail to follow your orders to change, you will transfer them out and will also add a note saying ‘not recommended for any rank’ in their files.

The IGP also reportedly said the police would monitor and conduct "profiling" of officers living lifestyles that were not commensurate with their positions and monthly salaries.

A few days later, you said you had recently issued a directive for all police officers and personnel including their wives holding sensitive positions in the Criminal Investigation Department (CID) to declare their assets.

In line with your directive and also to ensure that this practice of yours is sustainable and not ignored or set aside by those succeeding you later, why don’t you establish a National Law Enforcement Accountability Database (Accountability Database)?

The Accountability Database, consistent with the Personal Data and Privacy Act (PDPA) will serve as a centralized repository of official records documenting instances of officer's misconduct as well as commendations and awards.

It should document officer’s misconduct, including, records of criminal convictions, suspension of an officer’s enforcement authorities, civil judgments, including amounts (if publicly available), related to official duties and resignations or retirements while under investigation for serious misconduct or sustained complaints or records of disciplinary action based on findings of serious misconduct.

To ensure that the records stored in the Accountability Database are accurate, procedures can be established for officers to have access to their records and they will be given a full and fair opportunity to request amendment or removal of any information about themselves from the Accountability Database on the grounds that it is inaccurate or that it is predicated on an official proceeding that lacked appropriate due process protections.

The public should be able to access the Accountability Database subject to a thorough assessment and recommendations by your panel of what records from the Accountability Database may be accessible to the public and the manner in which any such records may be accessible by the public, taking into account the critical need for public trust, transparency, and accountability, as well as the duty to protect the safety, privacy, and due process rights of law enforcement officers who may be identified in the Accountability Database, including obligations under the PDPA and any other relevant legal obligations, protection of sensitive law enforcement operations and victim, witness and source confidentiality.

What say you?


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