Selected topics from 2016
Within the field of mental health care, the law states
that checks involving the removal of clothing are only
permitted if there are grounds for suspecting that a
patient is attempting to introduce dangerous objects
or illegal substances. The same requirement applies
to the child welfare sector, where it has been decided
in addition that only the surface of the body, the oral
cavity and clothes can be searched.
Implementation of a search
The Norwegian regulations contain limited information
concerning the method to be used for body searches,
and this is reflected in the different practices applied at
the institutions the NPM has visited. In several of its reports, the CPT has recommended using as considerate
methods as possible to prevent degrading treatment of
the person. This includes the use of a two-step process
for removing clothing where the person first removes
the clothes from their upper body, gets these clothes
back and then removes the clothing from their lower
body. This is a practice that the NPM has seen in use
at Norwegian institutions and that staff have expressed
works well. This is proposed as standard practice in
the draft of the new national custody instructions. At
some child welfare institutions, the NPM has found
that young people have been allowed to stand behind
a towel to make the process of removing clothing less
invasive. The NPM consistently found, however, that
the practical implementation of searches involving
the removal of clothing varies considerably between
the different sectors, institutions and individuals and
shifts at specific institutions.
In many cases, using technological aids would be a
sufficient means of achieving the goal of a search.
The Mandela Rules, for example, encourage the use
of such measures as an alternative to body searches.4
The NPM has observed the use of metal detectors and
X-ray checks of clothes and bags. A body scanner has
also been observed in use in connection with customs
checks.
4 The Mandela Rules, Rule 52.
5 The Mandela Rules, Rule 81 (3) and the Bangkok Rules, Rule 19.
19
International guidelines recommend that body searches be carried out by a person of the same gender as the
person being searched.5 This is an important condition
for preventing degrading treatment, particularly with
respect to people who have been the victims of
abuse. The guidelines to the Execution of Sentences
Act state that body searches in prisons should be
carried out by a staff member of the same gender
as the inmate. Conversations with inmates confirm
that men are rarely present during body searches of
women. In cases where this has happened, the male
officer has had his back turned or stood outside a
door kept ajar. In the mental health care and child
welfare sectors, the law expressly states that body
searches are only to be carried out by a person of the
same gender as the person being searched. The same
practice is also found in the internal guidelines for the
police immigration detention centre at Trandum. In
police custody facilities, the NPM has found that body
searches by staff of the same gender as the detainee
are the standard practice.
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