Why some people still do not know the solution to serious crimes but go in circles?
The solution is get rid of the CRIMINALS in the illegitimate Federal and State Governments, quick please, Joshua
http://www.malaysiakini.com/letters/234591
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CARTOONKINI
Special panel needed to tackle serious crime
In
the recent week there has been a discussion in the media about
preventive laws as a way of reducing serious crime in Malaysia. There
are those who support the reintroduction and there are those who oppose
it.
The discussion has entered public sphere in the context
of rising crime in Malaysian society. This proposition was put forward
by Dr P Sundramoorthy in a recent letter to a number of papers including
the
New Straits Times,
The Sun and
The Star.
It
is based on a USM research team on serious crime, gang activities and
the need for preventive laws with adequate checks and balances.
Unfortunately this study is not released to the general public to review the methodology and findings.
In
the public domain there is only a brief letter to the media and this is
unfortunate. As an academic institution, USM must release the full
study for a better understanding of its conclusions.
A number of
individuals including Asli Centre of Public Policy Studies chairperson
Ramon Navaratnam have supported this move in the interest of addressing
violent crimes and supports the idea of giving the police the powers
they need as an immediate step, but with adequate checks and balances.
The objective is to keep violent gang people off the streets and ensure some security by limiting the liberties of a few.
However,
Hasmy Agam, the Human Rights Commission chairperson, has expressed
reservations against suggestions to reinstate preventive type of laws as
an instrument for crime prevention. He noted that such a move was
retrogressive.
His fundament assertion is that detention without
trial was against Article 8 (1) of the federal constitution and Article 7
of the Universal Declaration of Human Rights (UDHR).
He went on
further to state that a human rights approach is not soft on crime or
criminals but calls on the police ‘to enhance the effectiveness of its
crime investigation, prevention and monitoring mechanism, as well as
rehabilitation programme for former detainees'.
Police commission analysis and recommendations
The
main thrust of the police commission recommendation was for ‘a policing
system that is in greater compliance with human rights standards'.
It
urged the repeal of the Restricted Residence Act 1933 and the Emergency
(Public order and prevention of crime ordinance 1969) and the
Prevention of Crime Act 1959.
The royal commission however
recommends that there be "amendments to the Societies Act 1966 (Act 335)
relating to members of triads), the Common Gaming House Act 1953 (Act
289 (relating to illegal gaming), the Penal Code and the Child Act 2001
relating to human trafficking should provide legal presumptions to be in
consonance to such illegal activities as practised today and to make
prosecution of such offenders more effective".
In addition the
police commission report devoted the whole of Chapter 8 on the topic
‘Enhancing Investigative Policing'. There are 26 specific
recommendations.
The focus is on building the competencies of the
police towards effective investigations leading to successful
prosecution and punishment. The call is for investigative policing which
is evidence based.
This chapter must be revisited and we must
build a police force that can undertake their role effectively and
efficiently. Preventive laws on serious crime and gang activities dilute
good policing and it do not provide effective crime control not reduce
crime.
The way forwardWe
have about 100,000 people in the police force in Malaysia today. There
is an increased number of companies and private business with private
police and also the rise of gated communities.
But why is there a
rise in crime especially violent crime which is gang related. How is
it, as the USM study indicates, criminals are so free to do what they
do, namely taking the law into their own hands?
In this context we need to ask how many police personnel are really involved in serious police work such as investigations.
How large is the team and what is their case load per investigating officer?
Do they have the resources and support to do their job well namely to investigate and bring people before the courts?
We are all today familiar with the documentaries on CSI and other aspects of investigative policing.
My analysis is simple, gangs and operators are in the community, they are visible and they leave a trail of crime and evidence.
I
am unable to believe that our police do not know who they are, where
they are and what they are doing in terms of prostitution, gaming and
other illegal activities connected with the underworld.
Even in the case of snatch thieves, do they not leave a trail, where do they sell the items they steal?
They all leave a trail of crime.
What
we need is serious police work, the investigators and the non-uniformed
police in the community should focus more on undercover operations,
have better informer systems, more professionals in the investigative
team and better witness protection programmes.
Personally I
am convinced that the police which have a long history and many good
men, must not be shortchanged by laws which will undermine good
policing.
The urging we must make is that the police need to be
more effective in bringing criminals through improving the standard of
investigation.
We need to instill in everyone's hearts and
minds that crime does not pay and in the end there's no escape from the
long arm of the law.
Addressing root causesAnother
important dimension in crime prevention which is not part of policing
but the role of government agencies is to address socio-economic
conditions and issues of people in high risk to crime.
We all know the breeding grounds and the circumstances where serious crime among youths occurs.
A stronger socio-economic intervention program in the high risk communities is essential to prevent the outflow into gangs.
This
is a national problem and therefore all relevant agencies must work in
an inter-agency approach together with civil society to address the root
causes of serious crime.
While this is long term, we must be
strategic as well as very target oriented, especially at those from
dysfunctional homes and families.
It is time that the prime
minister and the federal government establishes a special panel
comprising of senior criminal lawyers, former police commissioners, the
Bar Council, Suhakam and EAIC to review this area of serious crime and
assist the police to strengthen investigative and evidence based
policing in Malaysia.
DENISON JAYASOORIA is the
secretary-general of Proham (Society for the Promotion of Human Rights)
and a former member of the Royal Police Commission (2004-2005) and the
Human Rights Commission (2006-2010).