Police refuse to release strip-search guidelines

The police have refused to publish guidelines that regulate strip searches of those called in for questioning, in the wake of abuse allegations made by two Sliema councillors.

A request made by The Times to see the guidelines was turned down with a curt reply: “Please note that GHQ (general headquarters) circulars are considered as internal documents and cannot be disseminated to third parties.”

Ironically, under the section Freedom of Information, the website of the Home Affairs Ministry makes a two-sentence reference to the guidelines. Circular 54 issued on May 31, 2002, titled Searches On The Person, delineates guidelines to be followed by the police whenever a search on a person is required.

“This comprises the action before a search is carried out, the conduction of a search, when strip searches need to be performed and cases of intimate searches,” the website states, without giving further details.

Circulars are documents that contain “policies, principles, rules or guidelines” adopted by the police when dealing with members of the public.

The veil of secrecy over these guidelines was slammed by leading criminal lawyer Emmanuel Mallia, who said it was “unfair” for the police to have guidelines which they kept to themselves.

“As a principle every person has a right to have his dignity and privacy observed. It is only in exceptional circumstances when the officer has reasonable suspicion that a strip search should be conducted,” he said, insisting reasonable suspicion had to be dictated by evidence that the person may be hiding some evidence or something illegal. According to Dr Mallia, guidelines are there to ensure the police perform their job in a correct manner.

“They also enable people to understand what rights they have when faced with such drastic action as strip searches and so it makes no sense if the police keep these guidelines to themselves; it is unfair,” he said, adding that if a strip search was conducted by mistake an apology or compensation should be due.The police have so far failed to answer specific questions as to the reasons why two Sliema councillors – Martin Debono and Yves Bobby Calì – were made to strip naked before being interrogated some two weeks ago.

Mr Debono (Labour) and Mr Calì (Nationalist) were arrested on suspicion of making personal use of two laptops bought by the council and which were allegedly returned without the hard drive. Both later claimed they were searched in front of police officers while in custody. Mr Debono said he was stripped naked and Mr Calì reported he was allowed to retain his underwear. They claimed they were held in a cell for 24 hours before being told they could leave.

Top criminal lawyers recently described strip searches as abusive and an act of intimidation unless performed when the police believe the person has something illegal on his person. However, the police have defended their behaviour: “The search carried out on Mr Debono was a normal procedural search done for the safety of those who are detained at the police lock-up so as not to hurt themselves or the custodian officers while in police custody.”

Interviewed by The Sunday Times, Home Affairs Minister Carmelo Mifsud Bonnici refuted the claim that strip searches are linked to intimidation. “There are circumstances that justify strip searches and the law empowers the custodial officer to use his discretion,” he said.

However, without passing judgment on the allegations made by the two councillors, Dr Mifsud Bonnici said in the circumstances he felt the need to carry out an evaluation of the situation and would be speaking to senior police members on the issue.

ksansone@timesofmalta.com