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Strip search: It’s not legal…


Posted on 28th November 2005 by kahpeng
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This post actually is the 2nd post, continue from my first post @ here. I,myself would like to say something…this matter is getting from bad to worse. Not even the police force didn’t came out with a good explanation but Deputy Inspector-General of Police,Datuk Seri Musa Hassan try to defend the police force by saying they will arrest whoever took the clip and neither come out with any good explanation of the prison search procedure nor take action on the policewoman which was seen inside the video asking the Chinese women to do ear squat. This is total nonsense. Even Penang, DAP secretary-general,Lim Guan Eng also agreed that the person who took the video just bring out the justice and do no wrong. If the police force didn’t do anything wrong, why so scare ? Why wanted to arrest the person who took the video ? This reminds me like i’m watching any movie scene where the bad people knew an innocent ppl get hold of their dark secrets, then the bad people usually wanted to close up the matters by hunting down the innocent ppl so nobody knows their secrets. =)

What the lawyers say on searches:

Criminal Procedure Code (CPC)
Section 19: Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
Section 20: When a person has been arrested and has to be placed in custody, the police may search the body of the person and place in safe custody all articles other than the necessary apparel found on the person, and detain anything believed to be the instruments or the fruits or other evidence of the crime until the person is discharged or acquitted.

Lock-up Rules 1953
Rule 7: Every prisoner shall be searched on admission and all clothing and property, other than one set of clothing, shall be removed, entered in the Prisoner’s Property Receipt Book, and placed in safe custody. Any monies or valuables sent for delivery to a prisoner shall be entered in the Prisoner’s Property Receipt Book and placed in safe custody.
Rule 8: A woman prisoner shall be searched only by a woman.

Source from: Malaysian Bar

Deputy Inspector-General of Police,Datuk Seri Musa Hassan said…
Deputy Inspector-General of Police Datuk Seri Musa Hassan said whoever took the video clip - whether from the force or a civilian – would be charged under the Penal Code with insulting the modesty of a person or intruding into the privacy of a woman.
The offender can be fined or jailed up to five years or both.
“It is the perpetrator behind the video clip whom we are after and not the policewoman, who was carrying out a routine check,” said Musa.
“We will not be lenient, especially if it involves police personnel,” he added, declining to comment on the woman who was forced to do ear squats.

View full articel @ The Star Online

Some Highlights:-

1-Member of the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police,Abdul Aziz said…
“If the police start looking for the person who took the film, no one will come forward. (Then) whatever the police do will never become public.
“The public is entitled to know about police procedures in terms of human rights. In certain circumstances, a strip search is in order but (here), we are concerned about the way the procedure was done.” said by Abdul Aziz, who is also a member of the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police.

2-Malaysian Bar president,Yeoh Yang Poh said…
Malaysian Bar president Yeoh Yang Poh questioned whether ordering detainees to do ear squats was a normal procedure before sending them to the lock-up area.
“If the police say this is normal practice, it is a wrong normal practice. It must be stopped,” he said.


3-Seputeh MP,Teresa Kok said…
Seputeh MP Teresa Kok, who gave her statement at the Petaling Jaya police headquarters yesterday on how she got hold of the now infamous video clip, said the police should avoid going after whistleblowers.
“They should go after the bully, not the whistleblower,” she said, adding that the police should reveal the exact procedure of checking detainees.

4-Penang, DAP secretary-general,Lim Guan Eng said…
In Penang, DAP secretary-general Lim Guan Eng said it was unacceptable to blame the person who had filmed the act.
“The person had done no wrong. In fact, he brought justice to the Chinese national.”

5-Malaysian Human Rights Commission (Suhakam) member,Prof Datuk Hamdan Adnan said…
Malaysian Human Rights Commission (Suhakam) member Prof Datuk Hamdan Adnan said that asking detainees to strip and do ear squats was against the universal declaration of the right to dignity.

View full articel @ The Star Online

naked_thumb  Strip search: Its not legal...
Click on picture for a full version.
Picture from: Sun2Surf

Links:-

Video:-
Download 10 sec video clip of naked woman video doing ear-squats in front of woman cop @ here (Source: Malaysian Bar)
Articels:-
1- Strip search: It’s not legal, say lawyers@Malaysian Bar
2-Groups: Cops on the wrong track@The Star Online
3-Caught in the act@Sun2Surf
4-Police to go after person who filmed naked woman

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[...] e squat and strip search in public media. You can read more about previous blog @ here and here. I’m quite sad about our police force lately. Read more abo [...]




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