IX) Security
Personal searches generally represent interference with the right
to inviolability of the person and privacy of convicts. It constitutes
legitimate interference in a prison, to the extent that it is conducted with a view to ensuring internal security (avoiding introduction of prohibited items to the prison), but provided that the
searches are carried out reasonably and in a manner which as far
as possible respects human dignity. It is certainly not reasonable when all convicts must generally submit to a strip search and
the routine includes squatting and lifting one’s penis and scrotum
without there being any realistic suspicion that would justify such
steps. 121 This is all the more true of strip searches conducted on
convicts with disabilities.
strip searches
should only be
performed in
justified cases
Many convicts pointed out the general use of searches and their humiliating nature. This is, for example, when a search is performed before the convicts are escorted to a civilian health care facility, where
they remain under the surveillance of the escorting prison officers during the entire escort, and yet
they undergo a strip search again after returning to the prison. It was also common that strip searches
were generally applied before and after a visit, even during it if the convict needed to use the toilet.
I have documented a case in which a convict was ordered to take off his diapers (again in a situation
where he had been searched before the escort and had been naked in a hospital with the prison officers
present). 122 In the same prison, there were complaints against Prison Service officers who acted disrespectfully towards persons with disabilities and gave offensive instructions during the search.
I recommend that the General Directorate of the Prison Service:
•• Modifies the rules for performing strip searches in the internal regulation (RDG
23/2014) to make it clear that they may only be performed in individually justified
cases instead of on a general basis; this should be implemented by the end of 2016.
3) Locking of convicts in cells
It is stipulated in Section 50 (1) of the Imprisonment Rules that if permitted by the conditions of
the prison, the convicts are locked in their cells or bedrooms during the eight hours of sleep time.
Furthermore, according to the second paragraph of the same provision: the time during which the
convicts are locked in their cells or bedrooms may be extended in justified circumstances by the head
of the prison in view of the requirements of maintaining order and security in the prison. The reasons
for a longer lock-up are specified in the prison’s internal rules.
I found that in most of the prisons visited the convicts in some sections were locked in their cells for
more than the eight hours of sleep time without any evaluation of individual risks. Various reasons for
locking the convicts were stated by the prisons – most often the need to ensure order and security.
121
SVOBODA, Milan. Důkladné osobní prohlídky (Strip searches). České vězeňství. 2015, Iss. 2, pp. 22-23.
122
Records of convict J. S. on whom a disciplinary punishment was imposed on 21 November 2013 in connection with a personal search.
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