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 commissions 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
rights 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 commissions
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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