2. SAFETY, SECURITY AND DIGNITY FOR ALL
– The WMA has described invasive searches as “serious assaults on a person’s privacy and dignity”
and has pointed out that also they carry some risk of physical and psychological injury.120 The WMA
has specifically recommended that the practice of “squatting over mirrors to examine the anus while
making the prisoner bear down … constitutes a degrading procedure with questionable reliability
and must be banned”.121
CONTEXT: ALTERNATIVES TO INTRUSIVE SEARCHES [2.5]
2
Rule 52 makes it clear that prison administrations shall be encouraged to develop and use appropriate
alternatives to intrusive searches of prisoners. Prison administrations should also think more broadly
about their search methods given the possibility of smuggling items through other means than the
body, such as by using drone technology or prison staff members.
60
The use of laxatives is not an appropriate alternative to body cavity searches. The CPT has expressed
particular concern about the use of irritant laxatives as this can cause the lining of ingested drug
parcels to burst and result in death of the prisoner. Instead, the CPT has suggested that “[a] prisoner
for whom there are reasonable grounds to suspect of attempting to smuggle drugs into the
establishment could be placed in a separate cell for 48 to 72 hours, which is sufficient time for all
foreign objects to pass through the body naturally”.122
Understanding the problem of smuggling: Prison authorities should consider why items are
smuggled into prison and try to tackle the root cause of the problem. In many instances, items are
smuggled in for criminal purposes. However, there is not always a criminal intent. For example, in
some prisons, mobile phones were found to have been smuggled in because prisoners were not given
enough opportunities to contact their families. Some prisoners may also be pressurized into smuggling
items, indicating bullying in the prison, which should be tackled.
Ending unnecessary searches: Prison authorities should consider their existing risk assessment
procedures in relation to body searches, to see if there is room for improvement and to reduce the use
of unnecessary searches. Unnecessary searches can also be reduced by ensuring that all searches are
recorded, thus avoiding duplication of the process by different staff members, and the discriminatory
application of search procedures.
Natural means: The WHO has noted that, when a prisoner is hiding something in a body cavity,
“[i]n many cases it may suffice to keep the prisoner under close surveillance and wait for the illicit
object to be naturally expelled”.123 Some prisons have “dry cells” for this purpose ̶ rooms with no
internal sanitation facilities such as a sink or toilet, but which contain receptacles for prisoners to
defecate or urinate into.
Cell searches: While cell searches can also infringe on prisoners’ rights, in some circumstances cell
searches may be more effective at detecting smuggled items than intrusive body searches.
Body scanners and metal detectors: Electronic body scanners and metal detectors, including
hand-held devices, are a useful alternative to body searches.
Ultrasound devices: The WMA has suggested ultrasound and other scans as possible alternative
method to body cavity searches.124 These devices can, for instance, be used as an alternative to
vaginal searches for female prisoners, with the proviso that health-care staff performing such scans
must not be involved in prison management.
Anoscopes, otoscopes and vaginal speculums: The Commentary to Rule 19 of the Bangkok Rules
states that “[c]avity searches should be restricted to digital intrusion and the use of instruments such
as anoscope, otoscope, vaginal speculum, nasal speculum, tongue blade, and simple forceps.” As with
other devices, if health-care staff are involved in such prison management-related activities, they must
not be the ones providing health-care to prisoners.
120. Statement on Body Searches of Prisoners, World Medical Association, op. cit., note 108.
121. Ibid.
122. Report to the Government of Greece on the visit to Greece carried out by the European Committee for the Prevention of Torture, 10 January 2012,
CPT/Inf(2012) 1, Para. 51.
123. Health in prisons, A WHO guide to the essentials in prison health, WHO Europe, 2007, p. 36.
124. Statement on Body Searches of Prisoners, World Medical Association, op. cit., note 108.
Guidance document on the Nelson Mandela Rules
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