I have a copy of the Report of the Commission To Enquire Into The Standrad Operating Procedure, Rules And regulations In Relation To The Conduct Of Body Search In Respect Of An Arrest And Detention By The Police.Just want to extract Chapter 6 Recommendations and Chapter 7 Conclusion of the Report as below for you all to read, which I think are the most crucial parts of the Report which bear the strongest remarks on the Police Force.
==========
Para 8.2 of Chapter 2 has mentioned as follow:
"For the above reasons, we recommend that the practice of Police ordering detainees to do the Ketuk Ketampi in the nude while in detention be discontinued immediately. needless to say, it is indeed a degrading and humiliating experience for female detainees especially to be subjected to such practice."
CHAPTER 6: RECOMMENDATIONS
Having considered the evidence, relevant provisions of the IGSO, the Syariah principles, human rights perspectives and in light of our comparative studies on best practices in other Commonwealth jurisdictions, we make the following recommendations:
1. A Code of Practice On Body Search be passed as a subsidiary legislation under the Criminal Procedure Code. A draft on the proposed Code of Practice is as per Schedule A.
2. Chapter IV and VI of the Criminal Procedure Code dealing with searches be amended to incorporate the following:
i. Decency to be defined to include prohibition of total exposure of a person’s body at any one time as most jurisdictions provide for partial clothing when such a search is conducted: and
i. Decency to be defined to include prohibition of total exposure of a person’s body at any one time as most jurisdictions provide for partial clothing when such a search is conducted: and
ii. To adopt different categories of searches beginning from the least intrusive to most intrusive i.e. pat down search, strip searcg and intimate search.
3. Whole Body Scanners be installed in police stations.
4. PDRM shall make the Code of Practice on Body Searcgh accessible to the public through their website.
5. Educate the public of their personal rights during investigations through public campaigns and other means including through their website.
6. To emphasise on the importance of human rights in accordance with the Universal Declaration of Human Rights, other International Instrument and Syariah principles through an increase in training and awareness programmes within PDRM.[1]
7. To expedite the establishment of an Independent Police Complaints and Misconduct Commission as recommended in the Royal Commission Report[2] be implemented without further delay.
CHAPTER 7: CONCLUSION
1. In preparing this Report, we, the Commissioners noted an overall lack of publicly accessible information on Standard Operating Procedures of the PDRM, the precise scope of its powers over detainees, its methods of internal governance as well as resources available to those who wish to make complaints against police officers. This deficiency points towards a lack of transparency and accountability of the PDRM to the Malaysia public not just in terms of bodily searches carried out on detainees but also in its very function as law enforcer and peace keeper of the nation.
CHAPTER 7: CONCLUSION
1. In preparing this Report, we, the Commissioners noted an overall lack of publicly accessible information on Standard Operating Procedures of the PDRM, the precise scope of its powers over detainees, its methods of internal governance as well as resources available to those who wish to make complaints against police officers. This deficiency points towards a lack of transparency and accountability of the PDRM to the Malaysia public not just in terms of bodily searches carried out on detainees but also in its very function as law enforcer and peace keeper of the nation.
2. Many such grievances have adequately been addressed by the Report of the Royal Commission to Enhance the Operations and Management of the Royal Malaysian Police. Suffice to say, the Royal Commission Report made many highly constructive recommendations to inter alia enhance investigative policing, compliance with human rights obligations, the role, functions and organisation of the PDRM. Despite those recommendations having been made and justified criticisms that have consistently been raised against not just individual police officers but the PDRM as a whole, the PDRM remains resistant to change and insensitive towards the most fundamental of human rights and dignity.
3. In conclusion, we urge that the recommendations made in this Report and also the Royal Commission report be measured out and implemented. But of even greater importance, we, the Commissioners are of the view that there must be first a shift in the mindset of those within the PDRM so that there is an unwavering commitment to work towards a police culture that is more effective, responsibility driven and human rights sensitive.
No comments:
Post a Comment