Correctional institutions
thus limited to the absolutely necessary time so that inmates can put their
underwear back on after a very short period.
The NPM pointed out that according to this teaching aid “particular care
shall be taken to ensure that the time of full disrobement shall be kept as
short as absolutely necessary”. The reasons that necessitate disrobement are
not mentioned. It is at the discretion of the respective officer whether and for
how long a person who is going to be searched has to fully undress. The full
disrobement of female detainees during a body search is contrary to human
rights standards and can constitute degrading treatment pursuant to Article
3 of the ECHR.
Breach of international
standards
According to international standards (Rule 19 of the Bangkok Rules), effective
measures shall be taken to guarantee the protection of dignity and respect
of female prisoners during the search. Searches should thus be conducted
– if they are absolutely necessary – such that the person to be searched is
never completely undressed (PRI Guidance Document on the United Nations
Rules on the Treatment of Women Prisoners and Non-Custodial Measures for
Women Offenders [The Bangkok Rules], published in October 2013 by Penal
Reform International [PRI], page 63).
The demand of the NPM to conduct body searches with full disrobement in
two steps for all persons so that the person to be searched does not have to
fully undress, that is, only has to expose part of the body, is thus still valid.
Written documentation
Furthermore, the NPM recommends that body searches with disrobement shall
be documented in writing due to the intensity of the intrusion. The written
documentation of the purpose and the specific circumstances surrounding the
search are required in order to ensure their subsequent verifiability.
On the positive side, the Federal Ministry of Justice has promised to include
documentation (incl. the beginning and end of the search, name of the persons
conducting the search, general abnormalities and results etc.) in the (further)
digitalisation of police departments and facilities for the detention of mentally
ill offenders.
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113
Body searches shall be conducted in two steps and shall respect the pride and dignity
of the person being searched. Body searches with disrobement shall be documented in
writing due to the intensity of the intrusion.
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