Strip search procedure under review

The procedure under which some suspects in police custody are strip searched has come under review in the wake of allegations it may amount to an abuse of power.

“Without entering into the merits of the case in question, the ministry is at present re-evaluating the practices conducted in such instances,” the Justice Ministry told The Times yesterday.

Leading criminal lawyers have raised serious questions over a strip search performed on two Sliema local councillors held for questioning over alleged misappropriation.

Councillors Martin Debono and Yves Bobby Calì described how they were asked to remove their clothes before they were locked up at the police headquarters for the night when they were arrested 10 days ago on suspicion of making personal use of two council laptops.

Mr Debono reported that he was stripped completely naked while Mr Calì said he was allowed to stay in his underwear.

The police defended their action by saying it was a normal procedural search done for the safety of those detained at the police lock-up in order to prevent them possibly hurting themselves or the custodian officers while in custody.

“Searches on persons detained are performed by the custodian officer in a private room solely used for such purpose,” a spokesman said.

However, criminal lawyers speaking to The Sunday Times argued that, unless the police had reasonable suspicion the suspect was carrying something illegal, strip searching a suspect before an interrogation was tantamount to intimidation and abuse of power.

Leading criminal lawyer Giannella Caruana Curran insisted that arresting someone on suspicion of having committed a crime did not entitle the police to do whatever they pleased.

Her argument was backed up by several other lawyers, including Edward Gatt, who said it made no sense to strip search somebody called in on suspected theft or misuse of a council laptop.

The police have failed to answer questions as to whether they had clear guidelines on when and how to carry out strip searches.