76 Towards the Effective Protection of LGBTI Persons Deprived of Liberty detainees are more likely to be abused and discriminated against during body searches. They are at a risk of suffering verbal abuse, name-calling, mocking, and physical abuse while being searched. Searches should always be intelligence-led, rather than based on profiling or conducted on a punitive basis. The Nelson Mandela Rules require that searches “shall not be used to harass, intimidate or unnecessarily intrude upon a prisoner’s privacy” (Rule 51). International standards establish that searches should be conducted by staff of the same gender as the detainee62. While this provision is protective for most detainees, the situation of intersex and trans persons is especially sensitive in this regard, particularly if their gender has not been recognized by the prison authorities, or if they are transitioning and/or gender-fluid. There is as such a risk that trans detainees are not recognised in accordance with their gender identity: in such cases, trans women may be searched by a male member of staff, even though they identify as female. The same risk applies for trans men. There is also evidence that body searches can be used to humiliate trans detainees, for example by exposing them in the nude in front of other staff and inmates for the purpose of viewing their body. To mitigate and prevent such risks, trans detainees should be given the possibility, on a case-by-case basis, to choose the gender of the prison staff conducting the search. Whenever possible, authorities should first resort to alternative means, such as metal detectors. Furthermore, searches should never be conducted for the purpose of assigning gender or sex on the basis of anatomical features. Prison staff should be trained on how to conduct searches, both in terms of practical modalities and non-discrimination, with a special focus on searches conducted on trans and gender diverse detainees. LGBTI persons – in particular trans people – visiting relatives in prison are also at risk of being discriminated against when searched by prison staff upon entry. Trans and non-binary people may end up not visiting relatives and friends in prison because they will be asked to wear men’s clothing and/or searched by male officers upon entry. 62 See notably the United Nations and Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the ‘Bangkok Rules’, Rule 19) and the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas (Principle XXI).