Caroline Muscat
'Humiliating' strip-search on Gozo street
'Where is the presumption of innocence?'
A youth being searched during roadblocks held in Ċirkewwa on carnival weekend. Photo: Martin Agius, AFM
An 18-year old has spoken of his "humiliation" while being strip-searched in the streets of Gozo during one of the roadblocks held on the island during carnival weekend.
It was the second roadblock the Birkirkara youth and his four male friends had encountered, having already been stopped and searched in Ċirkewwa before boarding the ferry.
Later, on their way to a party, they were stopped again by the Armed Forces where they felt the soldiers went too far.
Accompanied by his father when speaking to The Sunday Times, the youth recounted his story on condition of anonymity: "We were stopped in a side street. Without any greeting we were told to get out of the car. They started searching us and each one of us had to remove our clothing all the way down to our boxer shorts. The soldiers then stuck their foot between our heels to force our legs open and they searched us.
"We were told if we did not cooperate we would be passed on to the police for questioning," he said, adding that the soldiers were difficult to identify because, unlike police, they did not have ID numbers on their clothing.
Nothing incriminating was found following the thorough search - as was the case for several others who said they were repeatedly targeted for searches.
The stories emerged after this newspaper last week reported that the European Court of Human Rights declared police stop and search powers in the UK - broadly similar to those given to the police and army in Malta - were illegal because they violated an individual's right to privacy.
In last January's ruling, the ECHR said such powers led to discrimination because people were stopped on the basis of a "hunch" or "professional intuition".
This was confirmed by a number of individuals who approached The Sunday Times following the publication of last week's story. All were aged under 30, and in each case nothing had been found during inspection.
Lionel Brincat, 24, from Pietà, was also stopped in the Ċirkewwa AFM roadblocks on carnival weekend, although it was not his first experience.
He recalled one incident where, after he was frisked, the soldiers handed back his wallet open, and money fell out. Mr Brincat claimed he was accused of throwing drugs out of the wallet and told he would be detained. Feeling "abused" because he never touched drugs, he said he was relieved when the commanding officer eventually let him go.
"I could not understand where he thought I could have been hiding the drugs when I had already been frisked and my pockets and wallet searched. I really felt humiliated that night... but I did not dare complain," he added.
Ryan Falzon and Eve Wilkson said their experiences over the years led them to believe soldiers were stopping people just on the grounds of age and appearance. They also accused soldiers of targeting people from particular areas.
Ms Wilkinson, 21, said she had lost count how often they had been stopped.
"When we are with Ryan's modified car we are always stopped, but when we are with my Mercedes we are not. And when we used to live in Qormi, roadblocks were regular. Now we live in Naxxar, it barely happens," Ms Wilkinson said.
But they got stopped earlier this month, on their way to visit her boyfriend's grandmother in Rabat, with younger relatives in the car.
The five people in the car had to wait for almost an hour until it was their turn to be searched. They were forced to keep their windows closed for the entire time and ordered not to use their mobile phones while a soldier stood on guard. This procedure was verified by all those who spoke to this newspaper.
Her boyfriend, a 23-year-old university law student, said: "It is our right to answer our phones. We were not under arrest. Where is the presumption of innocence?"
Online reactions to The Sunday Times' story last week included comments by those favouring roadblocks, based on the notion that "those who have nothing to hide have nothing to fear".
Mr Falzon said these arguments were normally made by those who had never been stopped and searched.
"They are targeting youths, according to their idea of who could be a potential criminal," he said.
His comments were in line with reader John Borg's view: "The process is discriminatory. I am never stopped in roadblocks but my son is regularly subjected to frisking. They are easy prey because they do not know their rights. If done legitimately, every parent should be grateful, but where is the 'reasonable suspicion' in all this?"
Mr Borg objected to the military doing police work: "This is not a war zone. Why are the soldiers getting involved?"
The AFM said roadblocks are conducted apropriately as required in support of local law enforcement authorities, adding that discretion is applied professionally when sampling vehicles and/or people to be checked. Home Affairs Minister Carmelo Mifsud Bonnici last week said the ECHR ruling did not "at face value" change Maltese law, because stop and search powers could only be exercised if the police had 'reasonable suspicion'. The minister said if somebody felt aggrieved, he had the right to seek redress.
But leading criminal lawyers said this legal remedy was not proving effective.
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Anthony Grech
Mar 30th 2010, 18:59
Well done AFM. I wish they could be deployed on every street corner to keep crime down. At least we are getting some good use out of our armed forces. I would rather see them at home working to help Malta than to be somewhere dangerous. Why not deploy these guys over in Paceville 24/7, what a difference that would make. Even better, have them always in Gozo to keep the riff-raff out.
RGatt
Mar 30th 2010, 15:44
@ Mario Tabone Vassallo - We've had roadblocks since the 70ies and even then, they were done by the armed forces. I do not know about today, but then we used to get soldiers with a firearm. Should the govt. we had then be ashamed as well Mr. Tabone Vassallo? From Swieqi to Cospicua I was stopped 4 times in the 70ies.
@ Paul Debono - if you want facts, all you have to do is read the times of the last couple of days and you'll find that one was found dead of an overdose and another in a critical condition. On a long weekend and on days when there's parties going on all over the island one continuosly hears of somebody caught with an amount of drugs. Shouldn't that be enough to make these roadblocks worthwhile if done in the right manner?
As for todays roadblocks, I do not see anything wrong as long as the individual's integrity is respected. If anything, we should encourage it. The problem arises when some soldiers abuse their powers. Unfortunately, some people feel twice their size when in uniform. May I suggest that soldiers are given a number as well.
J smith
Mar 30th 2010, 13:30
Probably it was a prank who some young men had played on these people, getting dressed as soldiers. I m sure our real soldiers aren't that crazy to strip-search people in the middle of the road. This surely goes out of the AFM code of ethics and now-a-days, when a public officers goes out of line, there's always a big sharp axe ready to cut down the heads of these officers.
R. Samhan
Mar 30th 2010, 10:28
Well done by the AFM!!!
Prevention is the best remedy..... are you guys insane complaining about this security and preventive measure? Havent you all read the headlines about the lifeless body of a younga male found dead? what about the lady on her 30s..... If the goverment takes preventive measures he is accused of abusive and if people are found dead the goverment is careless and not doing enough! Wake up, be more reasonable and realize that it is for the benefit of your CHILDREN, BROTHERS, SISTERS, PARENTS AND EVERY HUMAN!!!
Have a nice day everyone and God bless.
Christopher Grainger
Mar 30th 2010, 03:01
This is surely a duty of the police rather than the armed forces, or at least these stop and search exercises should be carried out under police supervision ?.
Perhaps an answer would be a police force with more resources ?
Direct army / civilian contact is usually reserved for rescue operations, martial law or war zones.
Stephen Borg Cardona
Mar 29th 2010, 22:31
These searches are a disgrace !
Maria Pia Grixti
Mar 29th 2010, 20:41
Reading comments made by citizens like myself regarding AFM vehicle check points (VCPs) both saddens me and sickens me at the same time! AFM are ordered by OPM to carry out these duties. AFM personnel, particularly C (Special Duties) Company, have several other important commitments, both locally and abroad! How can anybody be so pathetic to think that a soldier who, during the weekend, spends a minimum of 8 hours in a bullet-proof vest, would actually enter euphoric state because he or she finds a joint??? Dear PM, please decide whether or not you want the AFM to continue doing VCPs. And please decide quickly, because in the meantime, these soldiers are facing grievances every time they face the public when carrying out their duty!
N. Bonello
Mar 29th 2010, 20:10
'This was confirmed by a number of individuals who approached The Sunday Times following the publication of last week's story. All were aged under 30, and in each case nothing had been found during inspection.' but how come young people are more suspected that they have or are doing something illegal?! this is also discriminating as not all young people do illegal activities. mature people can do illegal thing as much or even more than young people!!!
N Attard
Mar 29th 2010, 13:43
I have also been searched, together with my four mates, while returning to Gozo during Carnival (Wednesday) at 2100HRS. It was a very cold night and our only fault was to go to Malta for a lecture, and leaving 15 minutes early to catch the 2120HRS ferry. We were asked to wait in the car with all windows closed. After some minutes it was impossible to breathe and I did not complain because my friends were afraid of repercussions. Nowadays not even a dog can be left in a car without ventilation (I am a pet lover and I agreee with that) let it be five people.
We were called one by one out of the car and asked to take off our jackets. In such a cold weather, after being closed in the car without ventilation, we had to obey orders. Although nothing was found, we had to wait for the 2335HRS ferry. Some of us had to visit the pharmacist for colds.
I understand that the AFM members were obeying orders. They were highly professional. Unfortunately our age group (between 23-38yrs) triggered suspicion. I think that more than that should commence such searches. Human Rights should be respected.
Christian Sciberras
Mar 29th 2010, 17:07
15 mins in a cold environment? Are you lying?
It takes me anything between 30 to 45 minutes to get to my Maltese destinations, with all windows closed, during winter of course.
Matthew Grech
Mar 29th 2010, 13:11
These blocks are useless. Dear AFM/Drug squad..... do you want to catch people with Drugs for real? Then instead of these roadblocks, block entrances to party events and search there. Also, you should have mobile clinics for testing people who are under suspicion of being drugged. Every party i go to i see plenty of people that are obviosly Drugged but no CID there and naturally without any restrictions some even dare to do their things publicly in front of others, especially in the restrooms. That only is the way forward to stop this abuse! And for those party gangers who will naturally comment on this i have only one thing to say to you.....I have more fun and buzz than any one of you at every party without any drugs.
Romano Cassar
Mar 29th 2010, 01:04
@ Joseph V Grech: How many “TOP DRUG PROVIDERS”, as he puts it, have been caught in these road blocks? As far as I know, the answer is zilch.
To all those defending these senseless roadblocks, simply because they are not in the target group, I can only quote this:
"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for the Catholics,
and I didn’t speak up because I was a Protestant.
THEN THEY CAME for me
and by that time no one was left to speak up."
These road blocks are only used in times of war or by totalitarian regimes. That they are still condoned and defended by our present government is a crying shame for a country that prides itself as being a defender of basic human rights.
Ryan Falzon
Mar 29th 2010, 00:09
Clearly many of you speak without ever having been subjected to such search. As to whoever thinks this is dramatic or a joke, i can say that YES they do force your feet apart and search you at the full view of the on coming traffic. And personally i am not aggressive, nor were the 14 year old passengers i had with me. Although i never witnessed any full strip searching, I know of people who were made to do it, and the removing of articles of clothing is common. The search extends to uncomfortable areas of the body, especially for women.
@ J Spiteri, I do value law and order but the law should also protect our privacy and against such discrimination. They should conduct such searches at the so called rave parties you mentioned.
Should we also start "randomly" searching "high risk" residences for the sake of security?
Joseph Vassallo
Mar 30th 2010, 18:33
"The search extends to uncomfortable areas of the body, especially for women." That would constitute an assault (possibly sexual abuse) and I do not believe for a second that the AFM do this; I suggest respectfully that you substantiate your allegation by asking the woman/women in question to come forward with a formal complaint or desist from making such allegations as if they were just run-of-the-mill behaviour that is acceptable to the citizens of this little nation.
I also suggest that the armed forces and police only stop people who are behaving erratically causing suspicion that the occupants are under the influence of alcohol or drugs (e.g. driving over the centre line when taking a bend, weaving from lane to lane or maybe overtaking long lines of traffic). Of course, the breathaliser has to be used by a competent officers not junior ranks who might not be answerable. I've seen drivers being breathalised for much less in UK (e.g. driving too slowly ).
I would also expect the police to investigate the veracity of the recent allegations of public strip-searches and to take action against whomsoever is found to be at fault. Rebut or confirm.
joseph bugeja
Mar 28th 2010, 23:32
I cannot see what the fuss is all about lately. These things happened all the time, but now they seem to be more media coverage on these types of events which in my opinion are proving successful. I think that only people who do have something within their possessions which is going to incriminate them have to worry.
I saw the following link on this same website a few weeks ago which referred to the same roadblocks...check this out
http://www.independent.com.mt/news.asp?newsitemid=101832
Then timesofmalta got this news some 4 weeks after(when if i had this type of news i would have placed it immediately)
I think they are the same roadblocks cause I dont think that the AFM placed whole regiments on GOZO, an island covered by 10 soldiers. Is it possible that the same soldiers have two sides of the coin like this???
I think that at first, plebs were surprised with the AFM's commitment on the anti-drugs thing, afterwards they saw that they were effective and now the plebs with incriminating stuff are worried.
martha calleja
Mar 28th 2010, 22:32
in my opinion these searches are a waste of time and money .im sure drug dealers are always a step ahead . if they want to trade drugs, they would nt go on the ferry just before the long weekend ,but they travel far before the rush hour. even said that , a small boat can cross over with no hasle at all. why would they be dumb enough to enter the lions mouth?
Christian Sciberras
Mar 29th 2010, 17:08
Because common sense is not so common?
victor vella
Mar 28th 2010, 21:35
@ A.Farrugia: If I am strip searched in the name of drug control I will glady be the next so called victim.
@Robert Agius: It is a pity that these road blocks do not have poice presence and the driver is actually checked for alcohol level as well.Yes I do go out in weekds and I also see the messy driving.
@JTabone, knowing that the guns are allways on safety I wouldnt mind so much, but please remember the circumstances the soldiers are in, who knows maybe they had a tip off and were expecting some tough guy.
Albert Farrugia
Mar 28th 2010, 21:09
Joseph Stafrace`s comment below shows how for many maltese people, democracy and civil freedom are a luxury they can do without. it is so frustrating reading such comments..it makes one want to puke. I have just one thing to say.....WHERE IS DR CARM MIFSUD BONNICI, when Maltas most read newspaper (in Malta and overseas) carries such damning stories??? WHY IS THE MINISTER OF INTERIOR ABDICATING HIS RESPONSIBILITES? How is really governing this island??
Jos Vella
Mar 28th 2010, 20:49
I agree with road blocks and I was stopped a couple of times; it would be best to search on a person rather than coping with fatalities from overdose. This said however, does not mean that soldiers need to over do it with their job. How about using dogs to do the job, they are good sniffers and no stripping will be required.
S Atlamyob
Mar 28th 2010, 19:36
@J Debono, With respect, up to date, you have put forth on the table some very enlightened and sensible ideas! However, this time I find that I have totally disagree with every aspect of your argument. I read this newspaper every day and to date don't remember reading that even one drug dealer, drunk-driver, murderer, child molester, rapist, or terrorist has ever been caught in these Illegal invasions of one's privacy.
Almost none of the fore-mentioned would be stupid enough to use the road without checking it first. This Gestapo type profiling is nothing more than a publicly stunt designed to appease the grass grazers among us.
@ Oatman, look up the definition of Bully and you will find that it just described those manning Checkpoint Charlie, the AFM and NOT f kids doing what naturally kids do!
@ Grass-grazers, Baaaahahaha...
I'm all for catching and rehabilitating criminals, but the problem is that, often, what separates good from bad or legal is simply a badge/uniform.
In other words, they are us with badges and uniforms. Without "due process", those in charge run amuck and illegally profile, discriminate, those that they are sworn to protect.
Question authority before authority questions you.
G.Debono
Mar 28th 2010, 23:41
Can somebody translate what this person is saying? Is he for or against...buq...cannot understand him.
Joseph Stafrace
Mar 28th 2010, 17:37
With all due respect to this 18 year old why is he hiding behind anonymity. Has he anything to hide? Could it be that some of his friends were observed throwing something out of the car. Personally I find it hard to believe that they were strip searched in the street. From past experience working alongside with the AFM, the only time they stick their foot between the heels is when the suspect becomes aggresive.
Ramon Mizzi
Mar 28th 2010, 17:09
OMG. Total abuse of power. Someone should stop these road blocks. I have lived overseas for a while and when there are road blocks, they are conducted in a decent manner and not in a humiliating matter. This is to show the total 'bullying' mentality the authorities always and will always have towards the Maltese people, unless someone stands up to change all this.
Jeremy J Camilleri
Mar 28th 2010, 16:55
I guess armed raids in the middle of the night in our houses would also yield results in the long run..are we to expect them next?
Get real....Armed blocks only have a cosmetic, if somewhat humiliating effect....
Suspicion my foot...the only suspicions inducing a search are ones age and/or appearance!
Robert Agius
Mar 28th 2010, 16:47
To all those defending these roadblocks
Do you go out at the weekend? I mean drinking and driving in Malta is the NORM. Just go out on a weekend at pv and you will undoubtedly understand this. Or do you believe that its generally the people going up to Santa maria who are driving under the influence.
To those who claim they act as a deterrent for people who would travel with a gun or a knife. Please let me know how many where caught with such objects. A huge failure indeed, rather than a success. I wonder if you would be allowed a knife if you are going camping and if indeed I do go camping I better be careful about criminals looking for trouble in the middle of nowhere.
It always amazes me how this island is full of drugs and the supply of cocaine for example never seems to lack. Yet some simple minds claim that these roadblocks are a success since they always manage to catch a few scapegoats.
To value law and order blindly is stupid, try to keep your eyes open at times.
Christian Sciberras
Mar 29th 2010, 17:10
Apparently traffic accidents (blamed on wet roads) is also the "NORM".
smifsud
Mar 28th 2010, 16:17
if this is true then its unacceptable for the police to do this to the public for no apparent reason ,,,,malta is acting like a policed state .....not good !!!...get answers to this and dont stop until you do ...or it will get worse ,,,,there need to be securuty to the country but dont play cowboys and indians style .....only in malta...
J Tabone
Mar 28th 2010, 14:33
Something similar happened to myself tho i was not frisked.It is quite a scary experience even though you know you did nothing wrong. I was once stopped in the evening as i was passing through the San Gwann valley, on my way home. I wasn't even spoken to, one soldier came close to my window with his machine gun practically in my face which was quite intimidating. They went round my car shining torches in it and let me go.
Joseph V. Grech
Mar 28th 2010, 14:15
I condemn most strongly any abuse that may be committed by our Police and Armed Forces during road blocks. All those acting uncivilly and irresponsibly should be prosecuted and thrown out!
But it's wrong to assume that what happened (as described in this article) is commond practrice!
I myself suffered the inconvenience of being stopped at road blocks - but I cannot say that my human rights were abused in any way...oh come on!
LET NOBODY MAKE THE MISTAKE OF TYING THE HANDS OF OUR SECURITY FORCES. These road blocks are necessary to prevent crimes - and to discourage criminals!
The only people who will wring their hands in joy should the administration make the fatal mistake of putting a halt to Road Blocks will be the criminals - especially THE TOP DRUG PROVIDERS and their backers.
It looks like these are being riled by the successes of our Security Forces. Consequently they have an Agenda - to stop Road Blocks AT ALL COSTS!
Hopefully the country's admistration will not fall prey to this trap and commit a very serious mistake! And the Opposition should stand foresquare behind the government in this vital issue. SECURITY AT ALL COSTS!
J. Debono
Mar 28th 2010, 13:49
Unfortunately this is the only way to help ease a little bit the problem of drugs, illegal carrying of weapons, people driving without a licence, people drinking and driving etc.
Though I am the first to disagree with roadblocks, I feel that they are the best of two evils.
So ultimately after considering everything I think that roadblocks are after all more advantageous, than not having them.
I feel safer being frisked by soldiers (though humiliating), than being involved in an accident with a drunk driver for ex., or worse an armed driver.
Therefore, good work soldiers and thumbs up, for making our streets safer.
Charles Taliana
Mar 28th 2010, 13:32
I have already spoke to ex high ranking members of the AFM but they do not understand that this is against the EHCR rules. The GOVERNMENT any one should amend the Law of Strip Searching and road blocks for the following reasons: 1. Malta is not at war with terrorists locally. 2. NO STATE OF EMERGENCY EXIST. WHY DO THEY PERSIST WITH THESE ROAD BLOCKS. It only shows that the AFM is doing the police work that is NEEDED to be done by the police. If the police are so inefficient and cannot catch some who is doing drugs the MALTA POLICE FORCE should be DISBANDED if it iis so INCOMPETITENT.
A Farrugia
Mar 28th 2010, 13:09
I sincerely hope that those in favor of the roadblocks are the next to be stripped naked!
So is Mr. Oatmon suggesting that because the AFM are more arrogant than the police and wear camouflage, they have a right to break the law by humiliating us on no suspicion whatsoever?
This is SERIOUS and has to end! Over a whole weekend these roadblocks rarely found anything more than a couple of joints and a dozen pills!
To stop Mr John Doe from risking his life and those around him when he smokes a joint, we are THROWING AWAY OUR PRIVACY AND LEGAL RIGHTS for humiliating security measures.
"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety. It's also true that those who would give up privacy for security are likely to end up with neither." - Benjamin Franklin
victor vella
Mar 28th 2010, 12:55
Whilst not accusing the Police force of beingcompromised by the drug dealers, and I hereby state my full confidence in the Police force, I think that the army is the right force to excercise these road blocks for many reasons , some of which are the manpower, the opportunity these road blocks offer to the soldiers to further thier experience and also that druf dealers find it more difficult to penatrate the army then the police force.Further more these people complaining especially the older ones should know better, we have guns in the wrong hands in Malt, we have the drugs and we also have the bullies who think that a good night out is stabbing someone to death.Keep it up and make it tighter,Drugs are big money for the youths selling them and the barons importing them. So please for the sake of our kids keep the soldiers on the roads at night. Regarding the mobile phonesyes they should not be used while in a road block.this gives the location of the road block away to others carrying drugs.If you are clean you shouldnt have any worried about being stopped.
Jason Spiteri
Mar 28th 2010, 12:38
The truth is that the roadblocks on St>Marija weekend are hugely successful each year - and that's because a huge amount of ecstasy is carried over to Gozo for rave parties each years. It's mostly younger people travelling together in cars who do this, not elderly couples or families - what's discriminatory about searching high-risk profile vehicles? It's just good policing common sense, and those who value law and order in our society aren't too worried.
Mario Tabone-Vassallo
Mar 28th 2010, 12:32
Dan ghemil kontra d-drittijiet tal-bniedem u gvern li jhalli dan l-abbuz, minkejja l-qrubija mal-Magreb, imissu jisthi
Paul Debono
Mar 28th 2010, 11:55
@J Oatmon
"these are dangerous times " and "we will quickly have the criminals, the bullies, drug dealers and violence ruling the streets of Malta."
Rather strong statements with no facts to back them up!
Do you have the detailed statistics from the road blocks?
Rather than making sweeping statements......
duncan Tanti
Mar 28th 2010, 11:42
Its not the 1st of april today eyyyy??A strip search in the middle of the road???you must be joking.sorry I dont beleive you.
J Oatmon
Mar 28th 2010, 11:36
I think using the AFM is a good thing for these late night searches in Malta, because these are dangerous times, and because many people in Malta carry knives and guns as well as drugs(see recent newspaper articles).
The police can do little it seems (mainly becaues of the disreputable mickey mouse legal system) - so there is virtually no law enforcement from the police even in Paceville at night.
So if the AFM does not do this work, we will quickly have the criminals, the bullies, drug dealers and violence ruling the streets of Malta.
Wilfred L Camilleri
Mar 28th 2010, 14:40
Mr. Oatmon, using soldiers for random roadblocks and searches is abuse of the right to privacy as declared by the ECHR. It is another matter if there is suspicion of a law being broken and then it's the police who should be doing it not the armed forces. These are tactics used by totalitarian and repressive states, such as China and the old USSR. There is no room for random roadblocks by armed military personnel in a democratic society and a peaceful nation.
M.Gauci
Mar 28th 2010, 11:25
I must say that I am fortunate that I was never involved in a roadblock where soldiers were involved. However I happened to be in roadblocks done by the police force, a number of times.
I must say that my personal experience is totally different with the police. They were on most occasions (not all) polite and did not dis-respect my dignity. On one occasion, being very late and I was the only one on the road, when stopped in the middle of the road and fearing some drunkard would crash into my car from behind, I asked the police to move my car on the side of the road to which he replied "mela le, mexxi". I could have pressed the throttle and hurried away - he trusted me. (I have a old banger as a car and not a merc so I get targeted as well). I think it is the soldiers that should not be involved in road blocks, soldiers are not known to have courteous behaviour.
However, roadblocks should not be stopped - irrelavent of reason - they help control weapons and drugs most of the time.