FACTSHEET Body searches are only permissible when strictly necessary, based on a case-by-case assessment and if there is a specific suspicion. Where they are conducted on a routine basis, too frequently, in a systematic or collective way to all detainees, body searches become arbitrary measures and may in themselves constitute humiliating or degrading treatment. The reasons for detention and the overall classification (for prisons – low-, medium- or high-risk), as well as the previous behavioural history of the detainee will play a role in the case-by-case decision on whether or not a search is necessary. The European Court of Human Rights considered inhuman and degrading treatment a general regime of routine weekly strip searches, including an anal inspection, even where there had been no contact with the outside world;11 or full body searches to which a complainant had been subjected between four and eight times a day, in addition to having to undress and bend over, and force used if he resisted.12 Body searches also need to respect the criterion of proportionality, which relates to their frequency as well as to the requirement to select the least intrusive method to attain the security objective. Therefore, strip searches must only be performed when pat-down searches are insufficient to check whether any substance or objects have been hidden.13 The degrading and threatening nature of dog searches should be kept in mind.14 Body-cavity searches are conducted to locate and remove objects (eg illegal drugs) that may be concealed in the rectum/vagina, colon or elsewhere inside the body. As they constitute the most intrusive search method, and carry a risk of physical and psychological injury, invasive body searches should only be the last resort when all other alternatives have been exploited.15 These alternatives may include modern scanning technology.16 In many cases it will be sufficient to keep the prisoner under close supervision until such time as any illicit item is naturally expelled from the body, as suggested by World Health Organization (WHO).17 The Inter-American Commission on Human Rights18 and some national jurisdictions19 have prohibited invasive body searches altogether. A strip or cavity search should not be conducted if it is likely to cause injury to the prisoner. They should always be authorised by the chief executive officer, in writing. Alternative screening methods, such as scans or metal detectors, should be developed and used ‘to replace strip searches and invasive body searches, in order to avoid the harmful psychological and possible physical impact of invasive body searches’.20 The reason for the search, the identities of those who conducted it and any findings should be put on record for all searches, but in particular for strip and body cavity searches and searches of cells.21 Monitoring bodies should also enquire into the consequences for a detainee who refuses to undergo a search or to obey a related order, eg to bend over or to cough. Such a refusal will likely constitute a disciplinary offence, with sanctions ranging from withdrawal of benefits (eg employment in a workshop) or suspension of visits to isolation or even solitary confinement. Excessive sanctions against detainees who refuse to endure body searches, in particular where these are unnecessary, disproportionate or humiliating, are another risk factor for abuse that requires the attention of monitoring bodies. At Thiva Women’s Prison in Greece, the CPT found that ‘if a prisoner refuses a vaginal search, she will be transferred to the segregation unit for several days where she will be placed under CCTV surveillance or accompanied by a prison officer.22 11. European Court of Human Rights, Van der Ven vs Netherlands, 4 February 2003; Lorsé vs Netherland, 4 February 2003. 12. European Court of Human Rights, El Shennawy v. France, 20 January 2011. 13. See Article 57 of the French Prison Law ‘Full body searches are possible only when pat-down searches or the use of technological means are insufficient’. 14. European Committee for the Prevention of Torture (CPT), ‘Body Searches: The Problems and Guidelines to Solutions’, 28 September 2001, CPT (2001) 66. 15. See revised Standard Minimum Rules, Rule 52 (1). 16. Ibid. 17. Møller L, Stöver H, Jürgens R, Gatherer A and Nikogasian H, (eds.), Health in prisons, A WHO guide to the essentials in prison health, WHO Europe, 2007, p36; see also PRI/Thailand Institute of Justice, Guidance Document on the United Nations Rules on the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders (The Bangkok Rules), 2013, p63. 18. ‘Intrusive vaginal or anal searches shall be prohibited by law’, Principle XXI, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas. 19. See Article 57 of the 2009 French Prison Law. In Brazil, five states have also prohibited invasive searches: Paraíba, Goiás, Rio Grande do Sul, Rio de Janeiro and Minas Gerais. 20. See revised Standard Minimum Rules, Rule 52 (1) and Rule 20 of the UN Bangkok Rules: ‘Alternative screening methods, such as scans, shall be developed to replace strip searches and invasive body searches, in order to avoid the harmful psychological and possible physical impact of invasive body searches’. 21. Revised Standard Minimum Rules, Rule 51; UN Bangkok Rules, Commentary to Rule 19. 22. Report of the European Committee for the Prevention of Torture (CPT) 2011 visit to Greece, para. 50. Penal Reform International | Body searches: Addressing risk factors to prevent torture and ill-treatment |3

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