2. SAFETY, SECURITY AND DIGNITY FOR ALL
to be searched need not necessarily mean the visit has to be called off entirely. Instead the
visiting arrangement could be amended so that, for example, non-contact visits are set up,
so there is no possibility of visitors and prisoners exchanging prohibited items.
62
Safeguards and search protocols for particular groups, such as women, children or persons
with disabilities, must also be applied for visitors. Rule 60(2) of the Rules reiterates that body
cavity searches should be avoided and should not be carried out on children.
2
Avoiding unnecessary searches
66
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If visitors are reminded of the possible sanctions and restrictions they face, they may be
deterred from attempting to smuggle in prohibited items. Prison authorities should clearly
explain what items visitors are allowed to carry on their bodies during visits and what items
they are not allowed to give to prisoners. Sanctions for bringing prohibited items should
also be clearly explained. This can be done by displaying visible signs at the entrance to the
visiting area, and by providing a verbal explanation before the search commences. All visitors
should be given the option to handover any prohibited items before the search commences.
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As with searches of prisoners, staff should carefully consider whether carrying out a search
on a visitor has a legal basis and is necessary and proportionate. For instance, if the visit is to
be a non-contact one, there would be no opportunity for the visitor to hand over illegal items
and a search may not be warranted. Similarly, if prisoners are searched as a matter of routine
following external visits, the rationale for searching both visitor and prisoner is questionable.
Conduct of searches
65
Prison staff should clearly explain to visitors the reason why they need to be searched, how
the search will be conducted and what will happen if the visitor refuses to give consent for
a search. Prison staff should have friendly, helpful attitudes and carefully consider their verbal
and physical body language in their interactions with prison visitors.
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Staff should receive appropriate training in how to deal with prison visitors, bearing in mind
that they may be anxious, distressed and fearful. In particular, they should receive training
on how to deal with visiting children.
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The UN Committee on the Rights of the Child (UNCRC) recommends putting in place
measures “to ensure that the visit context is respectful to the child’s dignity and right to
privacy” and urged states to “ensure that security matters and policies on incarcerated
parents take into account the rights of affected children”.136
Visitor search areas
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Visitor search areas should be designed and located in such a way that they protect the
dignity and privacy of the person being searched, and provide safeguards against ill‑treatment
by staff.
Searches of visiting professionals
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Searches may be necessary not only for those visiting family and friends in prison, but also
for service providers and visiting professionals, including lawyers. Searches are particularly
necessary if there is a suspicion that these visitors are smuggling contraband items to
prisoners, or colluding in escape attempts or other actions that may compromise the security
of the prison and the safety of those within the facility.
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Prison monitors and inspectors might also be subject to a security check but, due to their
specific mandate and role, search procedures should be minimal and the confidentiality of
their documentation must be respected. Ideally, monitors should have prior security clearance
to a level appropriate to their role, voiding the need for detailed searches to be carried out.
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If there is a well-founded suspicion that a legal representative is engaged in bringing
a prisoner prohibited items, prison authorities have the right to search that person in
accordance with the principles of legality, necessity and proportionality. However, prisoners
must be able to communicate freely with their lawyer, without interception or censorship.
136. Children of Incarcerated Parents, Committee on the Rights of the Child, op. cit., note 44, paras. 38 and 39.
Guidance document on the Nelson Mandela Rules
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