Procedures for four types of body searches will be included into the Criminal Procedure Code or CPC should Parliament pass the amendments proposed by the parliamentary select committee.

Under the proposed amendments, except for the 'pat down search', the 'strip, intimate and intrusive' searches can only be carried out in the presence of a second officer with prior approval from officers with the rank inspector or above.

The approval, which is currently not required, must be officially recorded.

Currently, body searches are done under the inspector-general of police standing orders - a set of guidelines determined by the police.

The body search procedures will be used by the police and other enforcement agencies, said the committee in its report tabled to Parliament last Thursday.

The committee - headed by Home Minister Radzi Sheikh Ahmad - was also tasked to review the Penal Code. It took two years to come up with report.

The procedures

According to the proposed amendment under a new section of 20A, a body search may be conducted on a detainee only when it complies with the objectives of:

- to obtain incriminating evidence of the commission of the offence for which the person has been arrested.

- to seize contraband, the proceeds of crime, or other things criminally possessed or used in conjunction with the offence for which the person been arrested, or

- for the discovery of evidence related to the reason of the arrest or to preserve the evidence or to prevent disposal of such evidence by the person arrested.

As for the four types of body searches, a 'pat down search' is to be conducted by quickly running the hands over the outer garments. It can be done by an officer without authorisation.

As for a 'strip search', some parts of the detainee's clothing will be removed. The detainee, however, is allowed to remain partially clothed. This requires prior approval from a senior officer.

As for conducting an 'intimate search' or commonly referred to as the 'squat', it involves searching the body orifices of a detainee other than the mouth, nose and ears. An approval must be obtained from an officer with the rank of ASP and above.

In an 'intimate search', detainees will be required to squat without clothes over a mirror placed on the floor. The detainee will then be instructed to cough not more than 10 times. And if nothing is recovered, the search will be stopped.

"(If) the officer considers that the person arrested is incapable of doing the squat due to health and physical conditions or appears to be or claims to be pregnant, the squat shall not be performed," stated one of the proposed clauses.

Done with dignity

As for an 'intrusive search', this will only be done in exceptional circumstances where the police seek to determine the existence of any object, evidence, weapon or contraband material inside the body orifices.

This search can only be conducted by a government medical officer after obtaining the approval from the district police chief. The detainee can be taken to a hospital, where the search will be done in the presence of the police.

The proposed amendments said all body searches must be carried out in a professional manner with highest regard for the dignity of the detainee. No demeaning language is permitted.

The officer conducting the search shall be of the same sex and the search must be carried out away from public view.

The committee also reaffirmed an independent inquiry commission's recommendation that the nude ear-squat be prohibited as it is against human rights.

The government set up the commission last year after public outrage over a video-clip showing a women detainee being asked to do ear squats in the nude.

The select committee has also proposed amendments in the Penal Code and CPC in relation to terrorism offences and to curb police abuse.