Degrading Strip Search Procedures by Hong Kong Police Force

Similar documents
Degrading strip search procedures by law enforcement agencies

Rule 318D - STRIP SEARCH, VISUAL BODY CAVITY SEARCH, AND BODY CAVITY SEARCH PROCEDURES

amnesty international

Consideration of reports submitted by States parties under article 19 of the Convention. Concluding observations of the Committee against Torture

Bowie State University Police Department General Order

The role of the Uganda Human Rights Commission s role as a police oversight body

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Section 1. Section 2. Section 3

United Nations Convention against Torture: New Zealand s sixth periodic review, 2015 shadow report

Concluding observations of the Committee against Torture

Subject: Torture and ill-treatment by police officers in Moldova

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Malaysia Irene Fernandez defends rights of migrant workers despite conviction

List of issues prior to submission of the sixth periodic report of the Czech Republic due in 2016*

ATHENS-CLARKE COUNTY POLICE DEPARTMENT. Policy and Procedure General Order: 1.06 Order Title: Strip and Body Cavity Searches

Submission to the UN Committee against Torture. List of Issues Prior to Reporting for Somalia

Sri Lanka Draft Counter Terrorism Act of 2018

Czech Republic NATIONAL PREVENTIVE MECHANISM (Art of the OPCAT)

NH DIVISION OF LIQUOR ENFORCEMENT AND LICENSING ADMINISTRATION & OPERATIONS MANUAL

Decision adopted by the Committee at its fifty-second session, 28 April 23 May Sergei Kirsanov (not represented by counsel)

REFERENCE: UA G/SO 218/2 G/SO 214 (56-23) G/SO 214 (106-10) G/SO 214 (78-15) G/SO 214 (53-24) G/SO 214 (89-15) SAU 2/2012

Hong Kong Human Rights Commission Society for Community Organization

MOZAMBIQUE SUBMISSION TO THE UNITED NATIONS COMMITTEE AGAINST TORTURE

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT

Resolution adopted by the Human Rights Council on 29 September /16. Human rights in the administration of justice, including juvenile justice

Concluding observations on the seventh periodic report of Finland*

The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, issued the following statement today:

MALAWI. A new future for human rights

Detentions And Photographing Detainees

Concluding observations on the third periodic report of Belgium*

A review of laws and policies to prevent and remedy violence against children in police and pre-trial detention in Bangladesh

TRIPOU 4-6, ATHENS PRESS RELEASE: ADMINISTRATIVE DETENTION IN GREECE REMAINS PROBLEMATIC

CRS Report for Congress

amnesty international

Comments from the Ombudsman for Children in Sweden

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

United Nations Human Rights Council. Universal Periodic Review Eritrea. 13 April 2009

VIEWS. Communication No. 440/1990

Opinions adopted by the Working Group on Arbitrary Detention at its seventy-sixth session, August 2016

Comments on the Operational Guidance Note on Sri Lanka (August 2009), prepared for Still Human Still Here by Tony Paterson (Solicitor, A. J.

SOCIALIST REPUBLIC OF VIET NAM

A/HRC/17/CRP.1. Preliminary report of the High Commissioner on the situation of human rights in the Syrian Arab Republic

Uzbekistan Submission to the UN Universal Periodic Review

Giving Legal Advice at Police Stations: Practical Pointers

Handout 5.1 Key provisions of international and regional instruments

PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

* * A/HRC/RES/26/24. General Assembly. United Nations

UPR Submission Saudi Arabia March 2013

Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment

32115 PROCEDURE - CUSTODY: PREMISES SEARCHES

Standing item: state of play on the enabling environment for civil society

ADVANCE UNEDITED VERSION

TEXTS ADOPTED. European Parliament resolution of 7 July 2016 on Bahrain (2016/2808(RSP))

old boy raped by police in custody - other children illegally detained, held in shackles or tortured.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

NEW MEXICO ASSOCIATION OF COUNTIES SAMPLE INMATE SEARCH POLICY

Concluding observations on the combined sixth and seventh periodic reports of Luxembourg*

1. Title and commencement. 2. Interpretation. 3. General. 4. Member in charge. 5. Duties of member in charge. 6. Custody record.

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Universal Periodic Review, Sudan, May Submission by the Redress Trust and the Sudanese Human Rights Monitor, November 2010

Arrest, Detention And Deportation

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

CODE OF ETHICS FOR THE POLICE SERVICE OF NORTHERN IRELAND

Launch of EU Military operation in Bosnia-Herzegovina (Operation ALTHEA -EUFOR)

Concluding observations on the combined fifth and sixth periodic reports of Portugal*

Hmong Declaration on the Right to Development, Security and Freedoms

Concluding observations on the eighth periodic report of Norway*

independent and effective investigations and reviews PIRC/00444/17 October 2018 Report of a Complaint Handling Review in relation to Police Scotland

Opinions adopted by the Working Group on Arbitrary Detention at its sixty-ninth session (22 April-1 May 2014)

Human Rights Council. Protection of human rights and fundamental freedoms while countering terrorism

BAHAMAS Forgotten Detainees? Refugees and Immigration Detainees: Appeals for Action

Justice Committee Post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012

List of issues prior to submission of the seventh periodic report of New Zealand *

List of issues prior to submission of the seventh periodic report of New Zealand*

CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE)

Chapter 8 International legal standards for the protection of persons deprived of their liberty

amnesty international

Nigeria: Crimes under international law committed by Boko Haram and the Nigerian military in north-east Nigeria:

STANDING ORDER NO. 330/2008

Use of Pre-Charge Bail

WHAT DO I DO IF I AM ARRESTED?

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/65/456/Add.2 (Part II))]

Said Amini (represented by counsel, Jens Bruhn-Petersen) Date of present decision: 15 November 2010

LAWS OF CORRECTION & CUSTODY ALABAMA PEACE OFFICERS STANDARDS & TRAINING COMMISSION

United Arab Emirates Submission to the UN Universal Periodic Review

Procedural Aspect at Issues the Minor

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

NATIONAL PREVENTIVE MECHANISM visit to LJUBLJANA PRISON

List of issues prior to submission of the sixth periodic report of Hungary*

NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

MARIN COUNTY SHERIFF S DEPARTMENT CUSTODY DIVISION POLICY AND PROCEDURE MANUAL

The Rights of Non-Citizens

CONTRABAND CONTROL AND SEARCHES

30/ Human rights in the administration of justice, including juvenile justice

PRINCIPLES AND GUIDELINES ON THE RIGHT TO A FAIR TRIAL AND LEGAL ASSISTANCE IN AFRICA

LAW ON EXECUTION OF PENAL SANCTIONS

Transcription:

Office of Legislative Councilor Cyd HO Sau Lan; People Planning in Action Degrading Strip Search Procedures by Hong Kong Police Force Report to the United Nations Committee Against Torture on the Second Report by Hong Kong Special Administrative Region under Article 19 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (October 2008) Office of Legislative Councilor Cyd Ho Sau Lan Address: Unit 1D, Boo fu Building, Fu Ming Street 1-5, Causeway Bay, Hong Kong Tel: (+852) 25043733 Fax: (+852) 28952138 E-mail: cyd4hk@gmail.com Website: http://www.cydho.org.hk People Planning in Action Tel: (+852)96734989 Email: peopleplanning@gmail.com 1

Introduction 1. This report provides a specific case of how the Hong Kong Police Force conduct strip-search on protestors. A case summary will be provided to show how severe civil rights infringements have been taken place in police station. This report will also comment on the latest version of body search guidelines which has been revised by the Hong Kong Police Force under great public concern. Recommendations will be given in the last part of this report to provide solution to prevent further degrading strip search from occurring in the future. Case Summary 2. On Oct 5, 2007, a group of Hong Kong citizens held a peaceful, non-violence protest on Lee Tung Street, Wan Chai. They were demanding for democracy in urban planning and urging the Urban Renewal Authority to halt the demolition works on Lee Tung Street in order to conserve the well-established social network and culture. In the protest, 15 protestors (11 males and 4 females) were arrested by the police. The protestors included students, social workers, teachers and university professors. They had been detained over-night and stripe searched by the police officers although there was no evidence to show that they might escape or possess illegal drugs or weapons. The 15 protestors were only released with a court bail on the next day after 15 hours of detention. Including the protestors at Lee Tung Street, over 70 people have been arrested by the police during different protests since 2006. a) 15 protestors were arrested with the charges of obstruction of public space and obstructing police officers in the due execution of their duty. b) The protestors were released with a court bail in the morning of October 6, 2008, after they had been detained for 15 hours. c) 5 male and 4 female protestors were strip-searched by the police officers at North Point Police Station. All of their clothing, including underwear was removed during the searches. The other 5 male protestors were searched; and all of their clothing except underwear was removed. 1 male protestor had been strip searched twice during the custody. None illegal article or evidence related to the charges had been found during the searches. d) A male protestor was instructed by a male police officer to put aside his genital organ in order to check if anything had been hidden under his genital organ. e) A female protestor was instructed by a female police officer to uphold her hips for observation. The protestor asked if she was being suspected carrying illegal drugs but the police office did not reply. f) A female protestor saw a male police officer had been walking along the corridor of the 2

detention room when she was just clothed after strip search. The male police officer was suspected to be present inside the detention area when the strip search was taking place. 3. Obviously, the police had no valid reason to carry out strip searches on the protestors. There was no evidence to indicate the protestors might be carrying weapons or illegal drugs. Furthermore, the protestors were charged with obstruction of public space and obstructing police officers in the due execution of their duty ; both of the charges were not related to violence or illegal drugs. The searches conducted by the police were arbitrary and unusual. Administration s responses to issues raised on strip search 4. Arbitrary strip searches conducted by the police have been severely criticized. The security panel of Legislative Council has formed a subcommittee to investigate and review the handling of searches on detainees. A revised set of guidelines relating to police conducting searches has been issued by the government, which took effect on July1, 2008. However, some major problems can still be found in the revised search guidelines. The Police General Orders 49-04, paragraph 1 & 2 provides that: 3

The Commissioner stated that searches will be conducted to all people to be detained in police custody. There is no exception even when the police officers can satisfy himself the above three requirements by observation or equipment. Since all detained person will be conducted searches, the guideline only decides the scope of searches. The search is arbitrary and violating the Basic Law Article 28. 5. The Police General Orders 49-04, paragraph 11 provides that: This guideline could be abused for unnecessary searches to be conducted on a detainee. Since a detainee is strictly monitored once he/she has entered the Temporary Holding Area (THA) or cell. Strip Searches should not conduct routinely except there is strong suspicion or justification for the searches. 6. The revised guidelines do not provide information on the detailed procedure of searches, e.g. the required acts to be preformed by the detainees. The person being searched lacks of information to know whether he/she is being abused. In the case of Lee Tung Street, two protestors were being abused under this situation ( The cases please refer to paragraph 2d & 2e). 7. The record of searches will be erased after two years of the date of issue. On the other hand, the police would not release any information when the case is under investigation. So if the duration of investigation is more than 2 years, complaint concerning searches will be very difficult to be made since the related record would have been erased. Recommendations 8. The guidelines of searches should ensure that searches are not done as routine checks on all detainees. The searches involving removal of clothing should be recorded in a report with detailed reasons and strong justifications to build up a reasonable doubt that the detainee may carry illegal or dangerous articles. 9. The searches involving removal of clothing should only be done with a written approval of a Senior Inspector instead of a Duty Officer. 4

10. An independent complaint system should be setup to carry out complaint investigations. 11. Information about searches and its detailed procedures should be available for public scrutiny. 12. An independent mechanism should be setup to monitor searches involving complete removal of clothing. We suggest lawyers, clergies or social workers can be observers upon the detainee's request. The request can be rejected under emergency, however, reasons should be stated 13. The record of searches and related documents should not be erased until 60 days after the case has ended. Police should inform the person before his/ her record is going to be erased. List of Questions We recommend the Committee to ask the Government: 14. Is the government willing to setup independent complaint system that has the power to carry out complaint investigation? 15. What are the details of the disciplinary measures, if any, taken against police officers who perform arbitrary or inappropriate strip searches? 16. Why are the Force Procedures Manual and parts of the Police General Order withheld from the public? Introduction to the People Planning in Action People Planning in Action (PPA) is concerned with issues relating urban planning in Hong Kong. Its objectives are promoting community-based planning in urban development and democratizing the urban planning process in Hong Kong. The members have been actively participating in urban renewal projects, helping the affected residents to endeavor their rights of living. They demand the living way of residents, community network and cultural heritage should be conserved, respected and protected during the urban renewal process. 5