IX) Security
and does not pursue a legitimate goal, or is not proportionate to this goal, it cannot be imposed on the
convicts.
In this respect, based on a convict’s complaint, I examined also the duty of the convicts to stand up
when a prison officer enters a cell/bedroom. The duty is based on internal regulations (internal prison
rules) and is not legitimated by anything contained in the Imprisonment Act or the Imprisonment
Rules. As such it is a duty imposed beyond the statutory framework. I personally see it as a relic of the
former concept of the Prison Service as a military structure that is no longer appropriate today.
I recommend that the General Directorate of the Prison Service:
•• Reviews the duty of convicts to stand up when a prison officer enters a cell/bed-
room, and regulates the internal rules of prisons in this respect; this should be implemented by the end of 2016.
Similarly, I dealt with the case of a convict who was not permitted to keep religious items (specifically
a rosary) due to alleged security risks.
Under Section 4 (2) of the Imprisonment Rules, a convict is allowed to keep, amongst other things,
a wedding ring. Several convicts in one of the prisons stated that they had to hand over their wedding
rings upon admission and it was returned to them only upon request and based on approval by the
head of the department of imprisonment. I regard this as disproportionate interference with the right
to private and family life. Therefore, my recommendation was that the convicts should be allowed to
keep their wedding rings automatically without any prior approval.
2) Strip searches
The duties of a convict under Section 28 (2) (a) of the Imprisonment Act include the duty to undergo
a body search in order to ensure order in the prison and to make sure that they do not keep items that
would compromise the purpose of imprisonment. Details concerning strip searches are stipulated in
Section 89 of RDG No. 23/2014. The aforementioned provision contains an exhaustive list of situations
in which a strip search is carried out automatically.
rooms for conducting strip searches
/43/
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