Questions, questions and more questions.......

Categories: Malaysia

The setting up of an independant commission of inquiry to look into the balai polic video clip is certainly welcome. But the real task should not be just to look into this unfortunate incident. This incident should be an 'excuce' for the government to reform some of the practices of the law enforcement agency. I am not sure what the scope of the inquiry will be but I hope they will answer some if not all of below.

Obviously, first and foremost is to determine the legality of the strip-search. The Deputy Inspector-General of Police had said that strip-search is legal, but lawyers had said that it is illegal as Section 19 and 20 of the Criminal Procedure Code and Rule 7 and 8 of the Lock-up Rule 1953 did not mention anything about strip-search. Even if strip-search is legal, then the questions remains whether squats and ear-squats allowed at all? Certainly this had to be looked into.

Further if strip-search is legal, then when is it legal? I am sure strip-search need not be carried out for all offences. If you were called up for suspicious behaviour, then such searches should be highly unnecessary even if you were to be kept in lock-up. However if you were caught for drug trafficking, then such searches may be necessary. Therefore it is important to define the circumstances when such a search is to be carried out.

This brings us to the next questions. If it is to be carried out, who should supervise and how many personnel should be present. The rank of the personnel should be clearly defined as usually if a higher ranking personnel is involved in the strip-search, then the strip-search may be more acceptable to the detainee. It would be most helpful also if the detainee who is about to be strip-search be formally introduced to the personnel carrying out the search and also be told how many personnel are involved so that the detainee will know exactly what is happening and therefore further reduce any misunderstanding that may occur.

If the commission had determined that strip-search is illegal, then they should determine where the point of breach occurs. This is important because a break in chain of commands had occured and therefore any loopholes should be plugged. Who and why should be established not to find scapegoat but to further strengthen the flow of commands. This will also help in reinforcing and strengthening the law so that such unfortunate incident will not occur again.

Having identified the personnel involved, then whether the personnel should be disciplined and how should the involved be disciplined? Should punishment be harsh or just a warning will do? I certainly hope the Commission will recommend.

Last but not least, should strip-search be made legal at all? Is there a place for such searches to be carried out? The scenario given by the Police is that such searches are necessary for the police to ascertain that no weapons were carried by the detainee. Further, squats were necessary to expose any contraband that maybe hidden in the private parts of female detainees. Granted such reasonings are plausible but what safeguards are there to prevent any abuse of powers on the part of the Police? Therefore, it is hoped that the Commisions will come out with clear guidelines as to when such procedures should be done with the public clearly informed. This will reduce any misunderstanding that the public may have about the Police.

The Prime Minister is right in forming a Commission of Inquiry to look into this incident. Whatever the outcome of the inquiry, Malaysia's image will be improved as she shows the world that Malaysia has nothing to hide. If some misdeeds had been done by some overzealous government personnel, then they will be dealt with and the situation rectified. Internally, by having such Commission, the public is reassured that the Government is serious in stamping out any power abuse and corruption that PM Badawi had emphasised.

(Posted from Penang)