Correctional institutions however, be necessary to guarantee safety in prisons and to maintain order or prevent criminal actions. A body search including the anus does not constitute inhumane or humiliating treatment if it is only ordered in certain, serious, suspicious circumstances. The European Court of Human Rights has deemed unnecessary, routine body searches with disrobement as well as inspection of the anal area inhumane or humiliating; it emphasised the degrading character of such searches in this context. This does not apply in cases where the grounds for the inspection are given (see also Federal Constitutional Court 10.7.2013, 2 BvR 2815/11 mNw on the jurisdiction of the European Court of Human Rights). Prohibition of acting against good faith In the case of detainees awaiting trial, there can be circumstances in which it is very unlikely that objects are being smuggled in orifices in the genital area. In such cases, inspections of the same are considered disproportionate. This is the case for example when the arrest is unexpected leaving no time to conceal objects and there is no other evidence to suggest otherwise. The Penitentiary System Act (Strafvollzugsgesetz) stipulates that a body search with disrobement shall be conducted in the presence of two officers of the same gender as the inmate and in the absence of other prisoners and persons of the opposite sex. International standards recommend that body searches shall be conducted by officers specially trained in this area. Furthermore, LGBTIQ should be able to determine themselves which gender should conduct the body search (recommendation of the Association for the Prevention of Torture, https://www.apt.ch/detention-focus/en/detention_issues/6/). Strict gender segregation Body searches shall be conducted with respect for the sense of pride and dignity of the person to be searched. This also includes that the search takes place in suitable rooms that cannot be looked into from the outside and have the appropriate room temperature. Suitable rooms The NPM requests the Federal Ministry of Constitutional Affairs, Reforms, Deregulation and Justice to ensure that body searches at Klagenfurt correctional institution are conducted without camera surveillance in future. The rooms shall be (also according to the manual “Searching persons” – “Durchsuchung von Personen” for law enforcement officers in Austrian prisons) such that it is not possible to see inside them in order not to violate the sense of pride of the person to be searched. Klagenfurt correctional institution The Federal Ministry of Constitutional Affairs, Reforms, Deregulation and Justice, in contrast, points out the risk that the persons to be searched could attack the prison guards. With respect to the bodily integrity of the prison guards, which must be guaranteed, it is necessary to maintain this practice. This view is not convincing because, if this were the case, all body searches would have to be conducted under camera surveillance, which is in breach of the proportionality principle. 108