The manner in which police forced a woman to perform 'ear-squats' in the nude has been described as "improper, haram (prohibited) under Syariah principles and a violation of human rights provisions".

In its just-released report, the commission of inquiry into the incident - recorded on a camera phone and later circulated - said the practice of putting detainees through this procedure should be "discontinued immediately".

"Needless to say, it is indeed a degrading and humiliating experience for female detainees especially to be subjected to such practice," it said in relation to two of the four terms of reference.

These were to examine the conduct of the body search of the woman in the video recording, and to determine whether or not there was impropriety in doing so.

The five-member commission, set up last month and which completed the report on Jan 15, said there are no provisions in the Inspector-General of Police standing orders (IGSO), Petaling Jaya (PJ) police chief's standing orders, Lock-up Rules or in any other legislation that allow police to make detainees strip and perform squats.

"The 'ear-squats' in the nude are not a standard police practice. The manner of asking detainees to remove all clothing and asking the female detainee to do the 'ear squats' has been indiscriminately practised by the police force," the commission said in the report.

It noted that the IGSO and PJ police chief's standing orders provide for searches to be conducted with due respect to decency, so as to protect the dignity of detainees.

"(But) It is our view that the manner of making detainees strip and do the 'ear squats' in the nude is an affront to these provisions...and violates the very essence if human conscience," the commission said.

In the report, the commission also confirmed that the woman in the video clip is a local Malay, putting to rest speculation over her identity. She had been detained on suspicion of possessing drugs and has since been charged in court. The case is pending.

Police officers testified during the inquiry that no drug were recovered from the woman as a result of 'ear-squats'.

No justification

The commission was not impressed by testimony that all detainees are required to perform squats, regardless of the offence allegedly involved.

"We are also of the view that a few incidents do not justify every detainee to be subjected to such treatment.

"The conduct of the body search whereby the female Malay was made to perform the 'ear-squats' in the nude is haram because of the unnecessary revealing of the aurah (parts of the body that should not be exposed as decreed in Islam) and a violation of one's dignity.

"To subject her to such a body search is inhumane and undignified. She felt humiliated and angry. It is like stripping away one's dignity. Human dignity is inviolable. Hence it must be respected and protected."

The commission noted that the medical point of view from Dr Zainab Shamsuddin had confirmed that 'ear-squats' are not an effective method for recovering foreign object from orifices, as the act of standing nullifies the effect of squatting.

"We are of the view that the act of stripping a detainee and subjecting him or her to doing 'ear-squats' in the nude is a violation of Article 5 of the Universal Declaration of Human Rights, as it is tantamount to inhuman or degrading treatment."

The commission said such treatment is also a breach of Principles 1 and 6 of the Principles for the Protection of All Persons under any Form of Detention or Imprisonment.

The commission also rejected the view that the action of police officer Wan Zawati Wan Ismail, who was seen in the video-clip, was justifiable.

"She cannot justify her action of ordering the detainee to do the 'ear-squats' 10 times in the nude, by saying that it was pursuant to the order of her superior."

During the inquiry, Wan Zawati had told the commission that all women detainees at the PJ district police headquarters had to go through a strip search regardless of the offence involved.

The commission submitted its 318-page report to the Yang DiPertuan Agong and to Prime Minister Abdullah Ahmad Badawi last week.