Integrating the Issue of Sexual and Gender-Based Violence in Detention Monitoring
•
How do staff determine whether a search, and what type of search, is necessary?
Who makes the decision that a strip or body cavity search is necessary? Are these
decisions based on risk assessments?
• Are staff generally aware of which laws/policies/procedures/guidelines regulate
the use of body searches?
• Are medical staff involved in searches, including invasive searches? In what
capacity?20
•
Have all staff members involved in searches received training? What did the
training consist of, and did it include training on gender sensitivity?
Information from detainees/prisoners
•
How often are detainees/prisoners subjected to pat down/frisk searches, and in
which situations? Under which circumstances are detainees/prisoners subjected
to strip or body cavity searches?
•
Do detainees/prisoners ever feel threatened, degraded or humiliated during
search procedures? Are there reports of individuals being touched inappropriately
during body searches?
•
Have staff ever used inappropriate verbal and/or body language during searches?
•
Do staff clearly explain search procedures before commencing the search?
Are people given the opportunity to hand over any hidden items before being
searched?
•
Have individuals ever complained, or wanted to complain, about the way a search
was conducted? What was the outcome?
• Are people given an opportunity to explain their concerns about SGBV before the
search commences? Are those who have previously been a victim of SGBV able to
discuss their specific concerns safely and confidentially?
• Are strip searches generally carried out in two stages? (top and bottom part of
body separately)?
•
In cases of cavity searches, is there any follow-up action to check on any negative
physical/psychological impact(s) of the search?
• Are other prisoners ever involved in any body searching procedures (including pat
down/frisk searches)?
20
The Mandela Rules stipulate that body cavity searches should be conducted by qualified health-care professionals
other than those primarily responsible for the care of the prisoner. Where this is not possible, the Rules suggest that, in
such instances, body cavity searches can be carried out, at a minimum, by staff appropriately trained by a medical professional in standards of hygiene, health and safety. See: UN General Assembly, “The United Nations Minimum Rules
for the Treatment of Prisoners (The Nelson Mandela Rules)”, 17 December 2015, <https://www.unodc.org/documents/
justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf>
47
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