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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