2. SAFETY, SECURITY AND DIGNITY FOR ALL
Record keeping
35
Rule 51 stipulates that the recording of searches in the prisoner file, including the reasons
for the searches, the identities of those who conducted them and any results, is essential for
monitoring staff compliance with rules and guidelines on search procedures, and can be used
to check that searches are not conducted in a discriminatory manner. Record keeping can
also act as a safeguard against staff complicity in the smuggling of goods, by ensuring that
all prisoners or visitors are subject to searches.
36
The requirement of Rule 51 to keep records of searches links closely with Rule 8, which
provides examples of what information should be kept in the prisoner file management
system, including information related to behaviour and discipline. For the purposes of
accountability and effective monitoring, it is useful if information related to searches, in
particular strip searches and body-cavity searches, is not only recorded in the prisoner file
but also in a centralized register of searches.
37
All prisoner records should be kept confidential and “made available only to those whose
professional responsibilities require access to such records”, as specified by Rule 9.
38
Body searches, in particular strip and invasive body searches, can lead to humiliation and
abuse for both male and female prisoners. However, given women’s anatomy, how they
are socialized, power relations and the high rate of prior abuse women prisoners suffer,
the impact of such searches on women is disproportionately greater than on men. Female
prisoners are, therefore, at particular risk of ill‑treatment during body searches.128 The
way in which searches of women are conducted may increase the humiliating experience,
including if they have to lift their breasts, bend over at the waist and spread their buttocks
or if they are menstruating at the time of the search.
39
Specific, gender-sensitive guidelines should, therefore, be in place. Rule 19 of the Bangkok
Rules clarifies that personal searches of women and girls should “only be carried out by
women staff who have been properly trained in appropriate searching methods and in
accordance with established procedures”.129
40
The Bangkok Rules call on authorities to develop alternative screening methods, such as
scans, to replace strip searches and invasive body searches, in order to avoid the harmful
psychological and possible physical impact of invasive body searches on women.130
41
Male staff should be specifically prohibited from performing any type of personal search
on women and girls, including pat-down searches, strip searches and invasive searches.
Searches of women should be carried out away from the presence and sight of men.
42
Pregnant women and girls should never be subjected to vaginal searches.
43
Prison management should ensure that there are a sufficient number of trained female staff
members available to carry out searches of female prisoners.
2
Searches of female prisoners
Searches of children
44
Naturally, all the aforementioned minimum standards and safeguards for searches apply
equally to the searches of children in prisons.
45
However, due to the unique vulnerability of children, additional measures might be taken
into consideration for such searches, taking into account their age, sex and personality.
For example, staff performing such searches should be particularly carefully selected and
specifically trained in dealing with children.
128. See for example: Andrea Huber in ‘Women and Children as Victims and Offenders: Background, Prevention, Reintegration: Suggestions for
Succeeding Generations (Volume 2)’, Women in Criminal Justice Systems and the Added Value of the UN Bangkok Rules, Springer International
Publishing, 2016, para. 5.9.
129. The Bangkok Rules, op. cit., note 28, Rule 19.
130. Ibid, Rule 20.
Guidance document on the Nelson Mandela Rules
63
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