Part 3
81
•
Performing searches on female suspects raises particular concerns, thus,
police investigators must ensure that such searches are performed by
women who are aware of gender based sensitivities, as well as the culture
of the suspects; and
• Trained professionals who are knowledgeable about children’s needs
should perform searches on minors.
Case Study – Strip searches*
X is a member of a violent extremist organization and has been sentenced to
life imprisonment for a number of serious offences, including murder, possession of illegal weapons, possession of explosives, terrorism and hostage-taking.
X is held in different prisons. Because he is a “high risk” prisoner, in varying circumstances he is subjected to body cavity searches, which are sometimes carried out by force. Over a two-year period in one specific prison, he has submitted to these searches at least 11 times, including every time he receives a visit,
and sometimes when he is taken out of his cell following exercise or on being
taken to a disciplinary cell. On a number of occasions, he is sent to the punishment block for refusing to allow inspection of his body cavities.
Question: Does such treatment amount to cruel, inhuman or degrading
treatment or punishment?
Measures depriving a person of his or her liberty inevitably involve an element of suffering and humiliation. This unavoidable state of affairs does not, in
itself,
constitute inhuman treatment. Nevertheless, states must ensure that all
7980
persons are detained in conditions that are compatible with respect for their
human dignity. This obligation applies to all forms of detention in all types of
facilities; including police stations, pre-trial detention centres and prisons.
79
The IACHR considers that “Intrusive vaginal or anal searches shall be forbidden by law”;
see Inter-American Commission on Human Rights, Resolution 1/08, “Principles and
Best Practices on the Protections of Persons Deprived of Liberty in the Americas”,
Washington, 31 March 2008, Principle XXI – Bodily searches, inspection of installations
and other measures, <http://www.cidh.oas.org/pdf%20files/RESOLUTION%201_08%20
-%20PRINCIPLES%20PPL%20FINAL.pdf>.
80 See World Medical Association, “Statement on Body Searches of Prisoners”, Budapest,
October 1993, <http://www.wma.net/en/30publications/10policies/b5/>; and First United
Nations Congress on the Prevention of Crime and the Treatment of Offenders, “Standard
Minimum Rules for the Treatment of Prisoners”, Geneva, 30 August 1955, <http://www1.
umn.edu/humanrts/instree/g1smr.htm>.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents