18
for a visual inspection of genital and anal areas. The
Court has confirmed that such examinations may in
certain cases be degrading if they are not based on an
assessment of necessity.² In the police immigration
detention centre at Trandum, several detainees told
the NPM that they found it degrading that invasive
body searches involving the full removal of clothing
were carried out after visits from persons outside
the centre, even though the visits were supervised
by staff.
Routine body searches
The European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment
(CPT) recommends that body searches that involve
removal of clothing shall be based on an individual risk
assessment.³ This corresponds with Rule 52 of the
Mandela Rules, which states that intrusive searches,
including strip searches, should only be undertaken if
absolutely necessary.
—
In practice, routine strip
searches are carried out in
several areas under the
Parliamentary Ombudsman’s
preventive mandate.
—
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2016
In practice, routine strip searches are carried out in
several areas under the Parliamentary Ombudsman’s
preventive mandate. For prisons, the guidelines to the
Execution of Sentences Act state that an inspection on
arrival and before and after leaving the prison may only
be omitted if security considerations do not indicate
otherwise. Body searches involving the full removal of
clothing are also routinely carried out when inmates
are transferred to security cells. The Parliamentary
Ombudsman has criticised this practice on several
occasions.
With respect to the police immigration detention
centre at Trandum, Section 107 of the Immigration Act
provides legal authority for the police to carry out body
searches when necessary for maintaining peace, order
and security; when necessary for the implementation
of a removal order; or if there is reason to believe that
the detainee is hiding or withholding information about
their own or others’ identity. In practice, the main rule
at the police immigration detention centre is that
detainees shall undergo a body search on arrival, in
connection with transfers to the security section, after
visits and after any physical contact with the outside
world, and when they are present in their cells during
room searches. This routine practice has also been
criticised by the Parliamentary Ombudsman.
In police custody facilities, the NPM has observed
varying practices with regard to routine use of strip
searches. For example, the police custody facility in
Bergen carried out individual risk assessments before
conducting a body search. In a draft of the national
custody instructions, the Norwegian Police Directorate
has proposed that inspections be limited to superficial
searches without the removal of clothing, unless,
following a concrete assessment, there is reason
to believe that the person is concealing dangerous
objects that cannot otherwise be detected.
2 See for example Iwanczuk v Poland, 15 November 2001, Shennawy v France, 20 January 2011, Valasina v Lithuania, 24 July 2001
and Frerot v France, 12 June 2007.
3 CPT’s report after a visit to the Netherlands during 2–13 May 2016, CPT/Inf/(2017)1, page 46, paragraph 110.
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