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. X 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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