2. SAFETY, SECURITY AND DIGNITY FOR ALL
2
Specific protections for strip and body cavity searches
58
10
The Mandela Rules use the term “intrusive searches” to include both strip and body cavity
searches and make it clear that such searches should only be undertaken when absolutely
necessary. Here, the term “absolutely necessary” should be understood to mean situations
in which there is a concrete risk of the prisoner carrying a prohibited item. The World Medical
Association (WMA) has recommended that body cavity searches be used only as a last
resort.108
11
The Mandela Rules stipulate that intrusive searches should be conducted in private and
by trained staff of the same sex as the prisoner.
12
The CPT has stressed that “[a] strip search is a very invasive - and potentially degrading
- measure. Therefore, resort to strip searches should be based on an individual risk
assessment and subject to rigorous criteria and supervision. Every reasonable effort should
be made to minimise embarrassment; detained persons who are searched should not
normally be required to remove all their clothes at the same time, e.g. a person should be
allowed to remove clothing above the waist and to get dressed before removing further
clothing.”109
13
Searches need to be conducted by staff of the same sex. Since LGBTI prisoners may
face abuse and humiliation when searched by staff of the same sex, those who identify as
LGBTI should, if possible, be given a choice of being searched by a male or female officer.110
14
While the Mandela Rules allow for intrusive searches under specific circumstances, Rule
52 makes it clear that prison administrations should be encouraged to develop and use
appropriate alternatives to intrusive searches of prisoners.
PROMISING PRACTICE: BODY CAVITY SEARCHES IN GREECE – SAFEGUARDS [2.3]
According to the Correctional Code in Greece, all
body searches should be carried out in a separate
room and by at least two officers of the same sex
as the prisoner. If there is a reasonable cause to
justify body cavity searches or for part of the body
to be x-rayed, then this can only be carried out by
a doctor following a prosecutor’s order.
Any vaginal searches must be recorded in a
specific register, including details of the incident,
the name of the doctor who conducted the
search, justification of the search and the date
and time of the search, and with reference to
the prosecutor’s order.
108 109 110
Body cavity searches – the role of health-care professionals
15
Rule 52(2) specifically addresses body cavity searches and the role of qualified health-care
professionals in carrying them out. Most importantly, the Rule stipulates that body cavity
searches should be conducted by qualified health-care professionals other than those
primarily responsible for the care of the prisoner – a position that is also held by the WMA
and the CPT.111 The rationale for this position is that such searches contradict the duty of
care of doctors towards a patient and could jeopardize the trustful relationship that has been
built with a patient. Therefore, health-care personnel should not be involved in such searches
if they either currently provide, or might subsequently be involved in, the provision of healthcare to the prisoner.
16
Recognizing that it may not always be possible to find another health-care professional to
conduct the search, the Mandela Rules suggest that in such instances body cavity searches
can be carried out “at a minimum, by staff appropriately trained by a medical professional in
standards of hygiene, health and safety.” The WMA has asserted that body cavity searches
must only be carried out by personnel who possess the requisite medical skills to safely
perform the search.112
108. Statement on Body Searches of Prisoners, World Medical Association, October 1993 (revised May 2005, October 2016) at www.wma.net/policiespost/wma-statement-on-body-searches-of-prisoners.
109. Report to the Government of the Netherlands on the visit to the Netherlands carried out by the European Committee for the Prevention of Torture,
9 August 2012, CPT/Inf(2012) 21, Para. 32.
110. LGBTI persons deprived of their liberty: a framework for preventive monitoring, PRI/APT, op. cit., note 27, p. 10.
111. Statement on Body Searches of Prisoners, World Medical Association, op. cit., note 108, para. 9; and Report to the Estonian Government on the Visit
to Estonia carried out by the European Committee for the Prevention of Torture, 21 January 2014, CPT/Inf(2014) 1, Para. 83.
112. Statement on Body Searches of Prisoners, World Medical Association, op. cit., note 108, para. 12.
Guidance document on the Nelson Mandela Rules
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