Correctional institutions 2.5.6.2 Body searches in the presence of third parties - ViennaJosefstadt correctional institution Body searches with full disrobement intimately involve the basic right of privacy. Inmates are subject to mandatory searches in rooms provided for this purpose upon transfer or other admission to a correctional institution. The same applies in the case of release. This is a body search involving disrobement, which every inmate must undergo. A body search with disrobement shall also be carried out upon placement in a specially secured inmate cell if a prisoner is a danger to himself or others. Full disrobement in presence of fellow prisoner During a visit to Vienna-Josefstadt correctional institution in January 2017, the NPM found that a fully disrobed inmate was subjected to a body search in the presence of a second inmate. Both inmates had to remove their clothing in the same inmate cell, each in a different corner with their backs turned to each other. Then their possessions were searched, and they were subjected to body searches. Law disregarded This procedure violates statutory requirements stating that a body search with disrobement is to be carried out in the presence of two employees of the same gender as the prison inmate and in the absence of fellow prisoners and persons of the opposite sex. Sense of shame infringed Body searches must always be conducted with respect for the inmate’s sense of honour and human dignity. Conducting a search with a second inmate in the room infringes the dignity of the affected person, even if each stands in a corner with his back to the other. Such a procedure is likely to infringe the affected person’s sense of shame and human dignity. The prohibition of inhumane and degrading treatment under Article 3 ECHR guarantees absolute protection. Such a procedure cannot be justified by staffing or logistical reasons. No complete disrobement The NPM also criticises the fact that inmates must fully disrobe for body searches (at Vienna-Josefstadt correctional institution). In the opinion of the NPM, complete disrobement of inmates for body searches is contrary to human rights standards. Therefore, body searches should generally be conducted in a way that the person being subjected to the search only bares one part of the body at a time (see NPM Report 2015, p. 115). Unfortunately, full disrobement was still included in the Federal Ministry’s new training document on search practice. The NPM adheres to its criticism and recommendation and suggests that the training document be changed. It shall state that disrobement for body searches should take place in two stages – regardless of gender. Detailed documentation 130 The NPM further recommends that body searches that are accompanied by disrobement be documented in writing due to the intensity of the infringement.