New body search guidelines
PUTRAJAYA, Fri. The police have come up with their own rules on conducting body searches on suspects.
In the clearest sign yet that not all the recommendations by an inquiry panel set up by the Government would be implemented, the "Inspector-General of Police Standing Order on Code of Practices for Body Searches" requires the suspect to be practically attired during searches instead of "partially dressed", as suggested by the panel.
This, the rules say, is "to protect the dignity and pride" of suspects.
Other guidelines in the police rules include:
- classifying body searches into three categories — pat-down, strip and intimate searches;
- the requirement that searches could not be conducted by officers below the rank of inspector; and,
- giving consideration to gender and cultural sensitivities like only allowing officers of the same gender to conduct searches.
The standing order clearly excluded the commissionÂ’s recommendation that intimate searches could only be done by a doctor, or a hospital assistant or registered nurse acting under the direction of a doctor.
Also omitted was the requirement to obtain warrants to conduct intimate searches.
Inspector-General of Police Tan Sri Mohd Bakri Omar confirmed that the document, which is being fine-tuned, will contain guidelines for the force in conducting body searches.
Asked if the document would be referred to the Attorney-General for vetting, Bakri said it was within police powers to adopt the guidelines.
"I have the authority to enforce the guidelines. We put in many years of police experience in drafting the guidelines, including my 35 years with the force."
He gave the assurance that the public would be kept informed as the guidelines would be posted on the police website.
"Since members of the public want to know the way the police work, we will let them in on our practices."
Asked when the guidelines would be adopted by the force, he said it might be in three months. The standing order was distributed yesterday to 147 police chiefs who attended the three-day human rightsÂ’ course in Kuala Lumpur.
It came slightly more than a month after the Independent Inquiry Commission announced its recommendations on police body search procedures. The panel was set up after a video-clip of a woman doing squats in the nude was made public in Parliament on Nov 24.
The chairman of the commission was former Chief Justice Tun Mohamed Dzaiddin Abdullah and its members were former Human Resources Minister Tan Sri Lim Ah Lek, former Bar Council chairman Kuthubul Zaman Bukhari and Wanita Umno Legal Aid Bureau chief Datuk Kamilia Ibrahim, while Internal Security Ministry Deputy Secretary General Datuk Hamzah Md Rus was the secretary of the commission.
Meanwhile, Kuala Lumpur Police Chief Datuk Mustafa Abdullah said police had to consider the practicality of the commissionÂ’s recommendations before implementing them.
"We cannot simply implement them. How sensible is the suggestion that scanners be put in all police stations?
"Do we have the budget for them? It is difficult for us even to carry out maintenance in other aspects, what more costly scanners?
"On the part where warrants are required for searches, what if my men bring in 200 people during raids? Do we get warrants for all of them?"
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