反送中需獨立調查 監警會「無牙老虎」Independent Investigation Required – IPCC “Toothless Tiger”

11名監警會前委員,另32名前高官及立法會議員聯署促政府設獨立調查委員會。

修訂《逃犯條例》爭議引發連場示威衝突,警方手法引起關注。監警會昨公布,將設專案組審視有關公眾活動,包括7.1衝擊立法會,評估警方行動有否按照程序、法例及指引等。

主席梁定邦多次承認無傳召證人權力,靠警方、市民及傳媒等提供資料併合審視,而提供資料者若涉犯法,會向警務處長報告。有律師批評制度荒謬,令人不敢投訴;有民權組織表示監警會調查權有限,對證人缺法律保障,不能取代由政府成立獨立調查委員會。

監警會自2009年6月成立至今十周年,審視過往九年的統計數字,每年只得3%至4%投訴最終成立,約九成的受罰警員只是被警告或訓諭,揭露警方視監警會的質詢如「耳邊風」,四個年度警方的接受率為0%。有民間團體批評監警會是「無牙老虎」。

若論公眾最關心的濫用武力指控,由2011/12至2017/18共七個年度,共有2,119項投訴警察毆打的指控,但只按受兩項指控屬實,成功率僅得0.09%。

11名監警會前委員,另32名前高官及立法會議員聯署促政府就事件設由有公信力人士領導的獨立調查委員會。

The amendments of the “Fugitive Offenders Ordinance” dispute triggered a series of protests, and the police response attracted attention. The Independent Police Complaints Commission (IPCC) announced yesterday that a special task force will be set up to examine the public activities, including the Jyly 1st attack on the Legislative Council, to assess whether the police operate in accordance with procedures, laws and guidelines.

IPCC Chairman Anthony Neoh has repeatedly acknowledged that they have no power to call witnesses, and ask the police, the public and the media provide informationfor review. Informants will be reported to the Police if they break the law. Some lawyers criticize the system as being ridiculous and discourange complaints; civil rights organizations say that the police have limited investigative powers and lack legal protection for witnesses, and cannot replace an independent investigation commision established by the government.

This is the 10th Anniversary of the IPCC since its inception in June 2009.  An examination of the statistics of the past 9 years revealed that only 3% to 4% of the complaints were confirmed each year. In about 90% of the cases, the officers were only warned or admonised, showing that IPCC advice were ignored. In 4 years, the complaint acceptance rate by the police was 0%. Some civil society groups have criticised the IPCC as a “toothless tiger.”

In 7 years from 2011/12 to 2017/18, there were 2,119 allegations of police assaults, but only 2 counts were accepted, with a success rate of only 0.09%.

11 former members of the IPCC, another 32 former senior goverment officials and members of the Legislative Council jointly urged the government to set up an independent investigation committee led by a credible person.

楊必興 P H Yang