2. SAFETY, SECURITY AND DIGNITY FOR ALL 2 Specific protections for strip and body cavity searches 58 10 The Mandela Rules use the term “intrusive searches” to include both strip and body cavity searches and make it clear that such searches should only be undertaken when absolutely necessary. Here, the term “absolutely necessary” should be understood to mean situations in which there is a concrete risk of the prisoner carrying a prohibited item. The World Medical Association (WMA) has recommended that body cavity searches be used only as a last resort.108 11 The Mandela Rules stipulate that intrusive searches should be conducted in private and by trained staff of the same sex as the prisoner. 12 The CPT has stressed that “[a] strip search is a very invasive - and potentially degrading - measure. Therefore, resort to strip searches should be based on an individual risk assessment and subject to rigorous criteria and supervision. Every reasonable effort should be made to minimise embarrassment; detained persons who are searched should not normally be required to remove all their clothes at the same time, e.g. a person should be allowed to remove clothing above the waist and to get dressed before removing further clothing.”109 13 Searches need to be conducted by staff of the same sex. Since LGBTI prisoners may face abuse and humiliation when searched by staff of the same sex, those who identify as LGBTI should, if possible, be given a choice of being searched by a male or female officer.110 14 While the Mandela Rules allow for intrusive searches under specific circumstances, Rule 52 makes it clear that prison administrations should be encouraged to develop and use appropriate alternatives to intrusive searches of prisoners. PROMISING PRACTICE: BODY CAVITY SEARCHES IN GREECE – SAFEGUARDS [2.3] According to the Correctional Code in Greece, all body searches should be carried out in a separate room and by at least two officers of the same sex as the prisoner. If there is a reasonable cause to justify body cavity searches or for part of the body to be x-rayed, then this can only be carried out by a doctor following a prosecutor’s order. Any vaginal searches must be recorded in a specific register, including details of the incident, the name of the doctor who conducted the search, justification of the search and the date and time of the search, and with reference to the prosecutor’s order. 108 109 110 Body cavity searches – the role of health-care professionals 15 Rule 52(2) specifically addresses body cavity searches and the role of qualified health-care professionals in carrying them out. Most importantly, the Rule stipulates that body cavity searches should be conducted by qualified health-care professionals other than those primarily responsible for the care of the prisoner – a position that is also held by the WMA and the CPT.111 The rationale for this position is that such searches contradict the duty of care of doctors towards a patient and could jeopardize the trustful relationship that has been built with a patient. Therefore, health-care personnel should not be involved in such searches if they either currently provide, or might subsequently be involved in, the provision of healthcare to the prisoner. 16 Recognizing that it may not always be possible to find another health-care professional to conduct the search, the Mandela 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.” The WMA has asserted that body cavity searches must only be carried out by personnel who possess the requisite medical skills to safely perform the search.112 108. Statement on Body Searches of Prisoners, World Medical Association, October 1993 (revised May 2005, October 2016) at www.wma.net/policiespost/wma-statement-on-body-searches-of-prisoners. 109. Report to the Government of the Netherlands on the visit to the Netherlands carried out by the European Committee for the Prevention of Torture, 9 August 2012, CPT/Inf(2012) 21, Para. 32. 110. LGBTI persons deprived of their liberty: a framework for preventive monitoring, PRI/APT, op. cit., note 27, p. 10. 111. Statement on Body Searches of Prisoners, World Medical Association, op. cit., note 108, para. 9; and Report to the Estonian Government on the Visit to Estonia carried out by the European Committee for the Prevention of Torture, 21 January 2014, CPT/Inf(2014) 1, Para. 83. 112. Statement on Body Searches of Prisoners, World Medical Association, op. cit., note 108, para. 12. Guidance document on the Nelson Mandela Rules