the worrying occurrence that those prisoners accused or convicted of acts of terrorism 293 “are systematically transferred to detention centres far from their families.” The CPT has continuously warned against the very harmful effects of transfers on access to family and to lawyers, as well as on the mental and physical well-being of detainees, and stated that “the overall effect on the prisoner of successive transfers could under certain 294 circumstances amount to inhuman and degrading treatment”. Body and cell searches Body and cell searches can be necessary to ensure the security of the prison and are a tool 295 employed to protect the safety of all those within the facility, including staff members. Searches must be well regulated and monitored, however, as they can sometimes be used as tools to harass, intimidate or punish particular prisoners. All searches must be based on the principle of legality, strict necessity and proportionality, and must be conducted in a way that respects human dignity and privacy. Strict necessity and proportionality mean that the frequency of searches must be limited, and that the method used should be 296 the least intrusive necessary to attain the security objectives. In particular, the decision to use intrusive search methods should be based on an individual assessment and/or process as a result of specific, reliable intelligence. Applying dynamic security approaches will facilitate such decision-making. Cell searches include inspecting a detainee’s cell or other area, for example, when looking for contraband items. Cell searches invade the personal space and privacy of prisoners and also bear a risk of ill-treatment if proper safeguards are not in place. When conducting searches of a prisoner’s cell or belongings, staff should bear in mind that the cell is the only “private” space of someone detained, and that their belongings may hold particular importance to them. In women’s facilities, male staff need to be accompanied by female 297 staff for cell searches. As part of the decision-making process, prison staff should ask themselves what the specific purpose of each search would be, and which method would be the least intrusive to achieve this purpose. They should consider whether they are making their determination based on the specific risk posed and scrutinize whether their 298 action may be influenced by stereotypes linked to particular groups. A suspicion that someone may be in the process of adopting radical or extreme views, as such, does not justify cell searches as long as there is no real risk to the safety and security of the facility or another compelling reason. Body searches, in particular, can be humiliating, distressing and traumatic, especially for women and if the prisoners have previously experienced sexual or gender-based violence. 293 SPT, Visit to Spain, undertaken from 15 to 26 October 2017: Observations and Recommendations Addressed to the State Party, CAT/OP/ESP/1, 2 October 2019, para. 40. 294 Council of Europe: Committee for the Prevention of Torture, “The CPT standards”, 8 March 2011, CPT/Inf/E (2002) 1 - Rev. 2010, p. 18, para. 57. 295 In addition to cell searches, there are generally three main types of body searches: pat down or frisk searches (performed over clothing), and strip searches and body cavity searches, both of which are considered as intrusive searches. For a detailed overview of the different types of searches, see ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 2, para. 9. 296 UN Nelson Mandela Rules, op. cit., note 13, Rule 50 and 52.1. 297 Ibid, Rule 81 (2). 298 ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 2, para. 23. 64

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