Integrating the Issue of Sexual and Gender-Based Violence in Detention Monitoring risk of torture and other ill-treatment is particularly high when searches are conducted systematically, when not strictly necessary, when they disproportionately target particular groups of prisoners, and when carried out by a member of the opposite sex. There could also be a risk of SGBV during cell searches if the detainee/prisoner and staff member are in the cell together during the search, particularly if there are no witnesses present. In order to fully assess the link between searches and SGBV in particular places of deprivation of liberty, monitors should consider the following means of gathering information: Preparatory research and reviewing existing documentation It is important for monitors to understand the framework under which searches take place, as well as any recorded history and complaints of abusive behaviour. As such, they should review relevant documentation as part of their preparatory research: • Are there any laws, policies, procedures or guidelines that define when different types of searches can be carried out, by whom, under which circumstances, and in what way are they to be conducted? Is this framework in accordance with human rights standards, including the principles of legality, necessity and proportionality? • Are there any specific gender-sensitive guidelines or procedures for searching women, children, LGBTI persons or other particular groups/individuals? • Has the monitoring mechanism received any complaints of SGBV during body searches? Is it possible to find out if there have been any other such recorded complaints? If so, what was the outcome/follow-up? • Can staff be punished for improper conduct during searches? If so, what is the usual sanction? Are there any recorded instances of staff having been disciplined or prosecuted, including in direct relation to SGBV? If so, what was the outcome/follow-up? • Do places of deprivation of liberty keep records and details of searches conducted, including the reasons for the searches, the identities of those who conducted the searches, and the results? If so, is it possible to determine whether they are used in a discriminatory way? (e.g., are some groups of prisoners searched more than others? Are different procedures used for different people?) • Have there been any recent changes in search procedures? Is there any ongoing review of their effectiveness, or how they should be conducted? • Do authorities use any alternatives to body searching? In what situations? • If detainees/prisoners have reported that they have been subjected to SGBV in the past (prior to or during their detention), would those conducting searches usually be made aware of this? Are there specific protections in place for such detainees/ prisoners? 45