The police must use their powers to search a person for evidence only when there are reasonable grounds and even then, this should be tempered with good judgement and appropriate conduct.

Bar Council secretary Ragunath Kesavan said existing police regulations provide for procedures of how and when to conduct a search.

"But it is most important to observe the appropriateness of the search given certain circumstances," he said when contacted today.

"If someone is detained for suspected possession of drugs, for example, then a body search would be appropriate but not if the person is suspected of publishing false news. In any case, a police search must not be embarrassing or seen as being oppressive or an invasion to privacy to a detainee."

Ragunath said the position involving a woman detainee was also very clear.

"Here, a male officer definitely cannot conduct a search of the lady. The police can be sued for damages if the regulations and these considerations are ignored," he said.

Last month, Mumtaz, 24, a transsexual who had undergone a sex-change operation six years ago in Bangkok, was arrested for alleged involvement in prostitution.

At the Ipoh police station, she was allegedly told to strip before three male personnel after being refused her request for a female officer to be present. The police allegedly jeered at her and passed crude comments.

Decent manner

Commenting on this, Ragunath said it was a clear case of abuse of power.

"What is the alleged offence? What was the search for? What evidence were the police looking for? There appears to be more of an intention to embarrass than searching for evidence."

S Arutchelvan, co-ordinator for human rights movement Suaram, said Malaysia has no laws that strictly governs strip-searches. He said they have powers to search a detainee but not to ask him or her to strip.

Arutchelvan, who conducts rights training for various groups including transsexuals, said a search is permitted under strict regulations.

"A search can only be conducted by an officer. A subordinate can conduct the search on behalf of the officer if the latter cannot be present," he said.

"For women, the search must be conducted by a female officer, done in a decent manner and not in the presence of other detainees."

Citing the mass arrests during the reformasi rally at Kesas Highway in 2000, he said a young woman was allegedly forced to strip in a police station and told to ear squat several times. The incident was criticised by the Human Rights Commission of Malaysia following a public outcry.

Arutchelvan said Section 19 of the Criminal Procedure Code provides for a police search to be conducted on women but with "strict regard to decency".

"Asking someone to strip is already going beyond legal provisions as there is no such powers under any law. Even under the Lock-Up Rules 1953, rule 8 says that a search conducted on a woman prisoner must be done by a female officer."

Have clear rules

He said that in cases involving transsexuals like Mumtaz, the police must ensure that they are not placed in a male cell.

"If the police are unsure (over gender), they should at least place them in a separate cell but definitely not in a male cell," he said, adding that Suaram has received a number of related complaints.

"We've heard of cases where police even cut their (transsexuals') hair short while in detention but most of them didn't lodge reports because they felt especially vulnerable being who they are.

"So, they continue to suffer in silence. When I asked, they said they believed that people will not understand the issue and that it was better to let it be."

Arutchelvan said to prevent police abuse of power, there must be a clear protocol on the grounds and methods to be used for searches.

Yesterday, there was an outcry over a video clip showing an unidentified naked woman being forced to perform ear squats in front of a policewoman. A full-scale police investigation is expected into the case.