The Bangkok Rules 33 Strip and Cavity Searches – recommended procedures: A. B. C. D. E. F. G. There should be a clear written policy explaining the legal grounds and specific procedures for conducting a strip or cavity search This search is ordinarily authorized in advance, in writing, by the chief executive officer A strip or cavity search should not be conducted if it is likely to cause injury to the inmate Cavity searches should only be conducted by a member of the medical staff. The World Medical Association (WMA) states that the medical practitioner conducting the search should not be the prison doctor. (See the WMA statement below) Cavity searches should be restricted to digital intrusion and the use of instruments such as anoscope, otoscope, vaginal speculum, nasal speculum, tongue blade, and simple forceps If an item is located, it may be removed if the removal is easily effected by means of one of the simple instruments noted in “E” above or digitally Strict documentation is to be maintained of the probable cause, authorizing official, witnesses, and findings of the inspection Statement on Body Searches of Prisoners, World Medical Association:55 “...The purpose of the search is primarily security and/or to prevent contraband, such as weapons or drugs, from entering the prison. These searches are performed for security reasons and not for medical reasons. Nevertheless, they should not be done by anyone other than a person with appropriate medical training. This non-medical act may be performed by a physician to protect the prisoner from the harm that might result from a search by a nonmedically trained examiner. In such a case the physician should explain this to the prisoner. The physician should furthermore explain to the prisoner that the usual conditions of medical confidentiality do not apply during this imposed procedure and that the results of the search will be revealed to the authorities. If a physician is duly mandated by an authority and agrees to perform a body cavity search on a prisoner, the authority should be duly informed that it is necessary for this procedure to be done in a humane manner. If the search is conducted by a physician, it should not be done by the physician who will also subsequently provide medical care to the prisoner. The physician’s obligation to provide medical care to the prisoner should not be compromised by an obligation to participate in the prison’s security system...” Rule 20 This Rule takes account the World Medical Association (WMA) Statement on Body Searches, where WMA urges all governments and public officials with responsibility for public safety to recognize that invasive search procedures are serious assaults on a person’s privacy and dignity, and that they also carry some risk of physical and psychological injury. Therefore this rule recommends that to the extent feasible, without compromising public security, alternative methods should be used for routine screening of women prisoners. Rule 21 The emotional trauma experienced by the child, if searched without professionalism and sensitivity, can be immense. Mothers can be so distressed at seeing her child being handled without appropriate care that they have even refused to accept visits from their children in order to avoid putting them through the humiliating and potentially damaging experience of such practices. Children should not be strip searched except for exceptional circumstances. If they are to be strip searched, such searches should be carried out in line with established ___________ Adopted by the 45th World Medical Assembly, Budapest, Hungary, October 1993 and editorially revised at the 170th Council Session, Divonne-les-Bains, France, May 2005. (http://www.wma.net/e/policy/b5.htm). 51

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