Correctional institutions
(2.5.9), access to information (2.5.10) as well as the detention of mentally ill
offenders (2.5.11).
2.5.2
Body searches with disrobement
Highly sensitive area
Prisoners must undergo a body search in designated rooms when they are
transferred or admitted to a prison. This also applies when prisoners are
released. These are body searches during which all clothing has to be removed
respectively. Body searches shall be conducted as required in order to guarantee
safety and order. The NPM has repeatedly addressed this topic (see NPM Report
2017, pp. 128 et seq.; NPM Report 2018, pp. 134 et seq.).
Objectionable practice
Regrettably, incidents occurred again in the period under review that gave rise
to criticism:
Klagenfurt correctional
institution
In Klagenfurt correctional institution for example, body searches of prisoners
are monitored by camera and followed live at the prison base.
Vienna-Josefstadt
correctional institution
In Vienna-Josefstadt correctional institution, female inmates reported that
they were not allowed to put on their underpants before having to remove
their clothes to the waist.
Furthermore, the women reported that they had to squat completely naked,
cough and spread their legs without good reason. The prison guards searched
all orifices. Those affected had experienced this procedure as very shameful
and unpleasant.
Two inmates also reported that the door to the room in which they had to
undress was open, i.e. not fully closed and that third parties (male officers)
were able to see into the room.
Hirtenberg correctional
institution
In Hirtenberg correctional institution, inmates claimed that they had to
undergo a body search with disrobement after every “table visit” (visit with
no or reduced physical barriers). Several inmates said they would prefer to do
without receiving visitors in light of these circumstances.
Position of the NPM
The examples above demonstrate that these are not mere isolated incidents.
The NPM thus considers it necessary to reiterate its stance on body searches:
Body searches shall be conducted not only in cases where there is founded
suspicion but also as random checks. Constant body searches are, however, in
breach of the law.
Careful balancing of the
implications
107
The provision anchored in the law stipulating that disrobement in association
with a body search shall be conducted “as sparingly as possible” corresponds
with the subjective right of the inmates to behaviour that respects human
dignity on the part of the prison employees. With regard to body searches,
the European Court of Human Rights explains that they constitute an
infringement of the intimacy and human dignity of the inmates. They can,
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