FACTSHEET
• What policies are in place for searches of social
workers, lawyers and doctors?
• Are searches applied to staff? Are these clearly
prescribed in law, and compliant with the standards
described above?
4. What can monitoring bodies do?
Body searches are an example of a measure that, while
legitimate under certain circumstances, can constitute
ill-treatment or even torture in others. By examining and
analysing policies and practices on searches, monitors
can address a systemic issue prone to abuse.58
Monitoring bodies, including National Preventive
Mechanisms (NPMs), can play an essential role in
enquiring into the reasons, conditions and modalities of
the use of body searches in detention, and in analysing
their necessity and proportionality, as well as the way in
which they are conducted.
Through their observation of admission procedures,
examination of registers (in particular registers of
incidents and of disciplinary sanctions), interviews in
private with detainees, staff and medical personnel, as
well as with visitors (in particular relatives), monitoring
bodies can assess whether body searches are legitimate
and adequate security measures or give reason for
concern at a systemic level.
Even where a regulatory framework of general
application is in place, practices may vary significantly
from one institution to another, either legitimised by the
nature of the place of detention and differing security
considerations, or arbitrarily. Monitoring bodies therefore
need to understand the context of the institution, and
take into consideration the message sent by senior
management regarding security procedures. By
comparing procedures and practices in different places
of detention, monitoring bodies may identify abusive
search regimes as well as good practices, which can
feed into their recommendations relating to the national
regulatory framework. Monitoring bodies may also
consider producing a thematic report on the use of body
searches.59
The role of staff is essential in ensuring that body
searches are conducted in a way that respects the
dignity of detainees, visitors and staff. International
standards underline the importance of ‘competence,
professionalism and sensitivity’,60 and monitoring bodies
should address this in their recommendations, for
example highlighting the need for staff to be trained to
approach searches with sensitivity, in particular when
dealing with detainees in situations of vulnerability.
Monitoring bodies also need to look at the broader
context and the domestic legal framework. It is important
to analyse whether the use of body searches is regulated
at the legislative level, only at the level of decrees or
circulars, or not at all. Where the legal framework is
inadequate, monitoring bodies should recommend the
introduction or revision of respective laws or regulations.
58. See PRI/APT, Balancing security and dignity in prison: a framework for preventive monitoring, 2nd edition, 2015.
59. See, for example, the 2011 annual report of the French NPM, p238 to 256 (in French). Contrôleur général des lieux de privation de liberté, Rapport
annuel d’activité 2011. Available at: http://www.cglpl.fr/wp-content/uploads/2012/02/CGLPL_rapport-2011_texte.pdf <accessed 23 October 2013>.
60. Rule 21 of the UN Bangkok Rules.
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