Mixed-gender staffing is also an important safeguard against ill-treatment in places of
detention. The presence of male and female staff can have a beneficial effect in terms of
both the custodial ethos and in fostering a degree of normality in any place of detention,
including but not limited to establishments for women. Mixed-gender staffing also allows for
appropriate staff deployment when carrying out gender-sensitive tasks, such as searches.53
The CPT has often had to recommend that the management of prisons – including those
accommodating women – deliver to custodial staff the clear message that physical illtreatment, excessive use of force and verbal abuse, as well as other forms of
disrespectful or provocative behaviour vis-à-vis prisoners, are not acceptable and will be
dealt with severely. In particular, prison managers should demonstrate vigilance and use
all means at their disposal to decrease tension.54 In addition to investigating any
complaints received from women prisoners, managers should be present on a regular basis
in the detention areas holding women, and enter into direct contact with them.55
Utmost vigilance is required with regard to inappropriate behaviour and sexual
relationships between staff and women in prison. Any allegations in this respect should be
taken very seriously.56
In the CPT’s view, the development of more specialised training for staff working with
women in prison can be instrumental in addressing their specific needs.57
6. Gender-sensitive personal searches
Persons deprived of their liberty should only be searched by staff of the same sex. Any
search which requires a prisoner to undress should be conducted out of the sight of
custodial staff of the opposite sex.58
Strip searches are a very invasive and potentially degrading measure. When a strip search
is considered necessary in a particular case, every reasonable effort should be made to
minimise embarrassment. Detained persons who are searched should not normally be
required to remove all their clothes at the same time; for example, a person should be
allowed to remove clothing above the waist and put the clothes back on before removing
further clothing.59
Intrusive searches of the genital area and body cavities carry a high risk of abuse and
intimidation. Alternative screening methods, for example, through the use of ultrasound
examinations, should be developed. Vaginal searches, in particular, should be conducted
exceptionally, when absolutely necessary on the basis of an individual risk assessment,60
and surrounded by appropriate safeguards.61 An intimate internal examination should be
conducted by a medical practitioner only, it being understood that this medical practitioner
should not be the doctor who would treat the patient with respect to health related issues.
Examinations of this intimate nature should be conducted in a way that respects, to the
greatest possible extent, the safety and dignity of the woman.62 Each examination should
also be properly recorded in a special register.63
Slovak Republic: 2013 visit, paragraph 99.
Belgium: 2013 visit, paragraph 58; Georgia: 2007 visit, paragraph 35.
55 Hungary: 2005 visit, paragraph 59.
56 Ireland: 2014 visit, paragraph 93.
57 Hungary: 2013 visit, paragraph 56.
58 10th General Report on the CPT’s activities, paragraph 23; the Netherlands: 2016 visit, paragraph 110.
59 Italy: 2016 visit, paragraph 44.
60 Greece: 2009 visit, paragraphs 91 and 92.
61 The CPT has noted, e.g., that in both France and Greece such searches are subject to prior approval by a prosecutor
(see France: 2010 visit, paragraph 110; Greece: 2011 visit, paragraph 50).
62 Greece: 2009 visit, paragraphs 91 and 92.
63 Ibid., paragraph 92.
53
54
7