Body searches can also be particularly distressing for prisoners of particular religious or
299
cultural backgrounds. In some countries, there have been reports of body searches,
including strip searches, in separated units or high-security settings being conducted
routinely and in a systematic way “for security purposes” upon admission, and also prior
to and after each visit from outsiders, meeting with lawyers, court hearing, participation in
300
activities, religious practice or transfers, including for medical treatment. In these cases,
there is no individualized assessment of risks to ensure that a body search is necessary
and proportionate, as required by the UN Nelson Mandela Rules. Body searches (and also
cell searches) that are conducted on a routine basis, too frequently, or in a systematic or
collective way on all detainees are arbitrary measures, and may in themselves constitute
301
humiliating or degrading treatment. Effective means for prisoners to challenge such
302
routine measures are often limited.
The systematic nature and frequency of body searches may also impede prisoners’
contact with their family and lawyers or their participation in meaningful activities, as
some prisoners renounce such visits and activities in order to avoid being subjected to
body searches. This practice can, therefore, also lead to infringements upon their right to
private and family life and a fair trial. It may also increase the risk of harmful effects from
isolation for these detainees that are detained under security regimes where the activity
303
level and possibility of human contact are already very restricted.
Contact with the outside world
For a number of reasons, contact with the outside world is important for all detainees.
First, contact with the outside world is a key safeguard against human rights abuses,
299 Ibid., Chapter 2, paras. 6 and 7. To ensure respect of human dignity and privacy intrusive body searches,
such as strip searches, must be conducted, for example, by a prison staff member of the same sex and
in two stages, so that not all clothes are removed at the same time. See for instance, the CPT’s report on
the 2016 visit to the Netherlands (CPT/Inf (2017) 1, para. 76.
300 UN Committee against Torture, “Concluding Observations on the Seventh Periodic Report of the
Netherlands” op. cit., note 202, para. 28: It is particularly concerned about reports of prolonged solitary
confinement in the TA units. It is also concerned about reports of the frequent and routine use of full-nudity
body searches which occur after, and sometimes also prior to, a detainee meeting in person with outside
visitors, including close family members and children, as well as when detainees leave the prison for court
or police hearings.
301 For information on different scenarios where body searches can constitute torture or other ill-treatment
see: ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 2.
302 Based on NGO, NPM and CPT reports on practices in the Dutch TA, French “dedicated units” and the
highest security settings in the Czech Republic, Norway and Poland. See Amnesty International and Open
Society Justice Initiative, “Inhuman and Unnecessary Human Rights Violations in Dutch High-Security
Prisons in the Context of Counter Terrorism”, op. cit., note 106, pp. 39-46, “Radicalisation islamiste en
milieu carcéral: les unités dédiées ouvertes en 2016”, CGLPL, op. cit., note 108; Public Defender of RightsOmbudsm, Czech Republic, “Report on Systematic Visits Carried Out by the Public Defender of Rights”,
an, 2016, pp. 43-44; The Parliamentary Ombudsman Norway – NPM “Visit report: Telemark Prison, Skien
branch, 2-4 June 2015”, op. cit., note 226, pp. 16-17; “Report of the Polish Commissioner for Human Rights
on the Activities of the National Mechanism for the Prevention of Torture in 2016”, Polish Commissioner
for Human Rights, Warsaw, 2017, pp. 26-27; Rapport au Gouvernement de la République française, CPT/
Inf (2017) 7, op. cit., note XXX.
303 “The Parliamentary Ombudsman Norway – NPM , “Visit report: Telemark Prison, Skien Branch, 2-4 June
2015”, ibid., p. 17.
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