2. SAFETY, SECURITY AND DIGNITY FOR ALL RELEVANT RULES: SEARCHES OF PRISONERS AND CELLS Rule 50: The laws and regulations governing searches Rule 52: 1. Intrusive searches, including strip and body cavity of prisoners and cells shall be in accordance with obligations under international law and shall take into account international standards and norms, keeping in mind the need to ensure security in the prison. Searches shall be conducted in a manner that is respectful of the inherent human dignity and privacy of the individual being searched, as well as the principles of proportionality, legality and necessity. Rule 51: Searches shall not be used to harass, 2. Body cavity searches shall be conducted only by qualified health-care professionals other than those primarily responsible for the care of the prisoner or, at a minimum, by staff appropriately trained by a medical professional in standards of hygiene, health and safety. 2 intimidate or unnecessarily intrude upon a prisoner’s privacy. For the purpose of accountability, the prison administration shall keep appropriate records of searches, in particular strip and body cavity searches and searches of cells, as well as the reasons for the searches, the identities of those who conducted them and any results of the searches. searches, should be undertaken only if absolutely necessary. Prison administrations shall be encouraged to develop and use appropriate alternatives to intrusive searches. Intrusive searches shall be conducted in private and by trained staff of the same sex as the prisoner. WHY IS IT IMPORTANT? Ensuring safety and security 03 Prison officials need to search prisoners and their cells to ensure the security of the prison and to protect the safety of all those within the facility, including staff members. Searches are necessary to prevent the smuggling of prohibited items into the prison, such as drugs, weapons or other items that could be harmful, or which could aid escape from prison. 04 If search procedures and safeguards are well regulated and conducted with respect for the dignity and privacy of the individual being searched, then staff will be better equipped to perform their functions well and maintain good relationships with prisoners and prison visitors. 05 By detecting contraband items during searches, authorities can also reduce levels of illicit trade which take place within prisons. In addition, searches can play an important preventative function against the smuggling of contraband. Respecting human dignity and privacy 06 Searches must be well regulated because they are sometimes used as a tool to harass, intimidate or punish particular prisoners. The Mandela Rules, therefore, cover when and how different types of searches can be carried out, and how they should be regulated. Searches can be humiliating, distressing and traumatic for all prisoners, and are often carried out when prisoners are at their most vulnerable, such as when they have first arrived at a detention facility. 07 Searches can be particularly humiliating for women, especially if they have previously experienced sexual or gender-based violence. Body searches can also be particularly distressing for prisoners of particular religious or cultural backgrounds. Guidance document on the Nelson Mandela Rules 55