FACTSHEET What could monitoring bodies check? • What is the legal framework regulating the use of body searches? • Is it complemented by internal rules? Do they vary from facility to facility? • Are the permissible situations when searches may be applied explicitly prescribed? Do they specify which type of search should be performed in which situation? • Are staff aware of the regulations? • Who decides on whether and which type of search is conducted? Do the rules allow for a large margin of discretion? • What is the procedure for authorising strip and invasive body searches? • Are the reasons for a search, the identities of those conducting it and its findings properly documented? • Are body searches applied systematically to all detainees? Are they applied routinely/frequently or on a case-by-case basis? • What sanctions are applied if a detainee refuses to undergo a body search? • Are there any alternatives to body searches, in particular for those of an invasive nature, such as scanning machines or metal detectors? 3.2. Modalities of body searches Even where legitimate in principle, searches can constitute inhuman or degrading treatment if they are conducted in a way that is excessive, humiliating, or that creates a feeling of harassment or inferiority. The revised Standard Minimum Rules therefore explicitly stress that searches should be conducted in a manner that is respectful of the inherent human dignity and privacy of the individual being searched, and that they should not be used to harass, intimidate or unnecessarily intrude upon a prisoner’s privacy.23 For female detainees, the experience of a body search may be re-traumatising due to sexual abuse in the past. In its 2007 report on Ukraine, the CPT noted complaints of prisoners at Colony No.100 who reported that they were obliged to queue up naked in unheated premises for up to half an hour.24 In 2012, the Committee documented that ‘in a few cases, reference was also made to the excessive use of force employed by “in-house special-purpose forces” after inmates refused to undergo strip searches in corridors’ at Correctional Colony No. 81.25 The European Court of Human Rights held that obliging a male prisoner to strip naked in the presence of a woman, and then touching his sexual organs and food with bare hands, showed a clear lack of respect for the applicant, and diminished in effect his human dignity. The Court concluded that it must have left him with feelings of anguish and inferiority capable of humiliating and debasing him.26 Searches, in particular strip and body-cavity searches, should be performed in privacy,27 in a dedicated place that is not in the field of vision of other staff or detainees. The procedure should be carried out in adequate sanitary and hygienic conditions. A woman described the practice of strip searches at a women’s correctional facility in Michigan: ‘These incidents have caused me to get several vaginal bacterial infections (…). I was not getting these bacterial infections…until I came [to the prison]’.28 The humiliation of nudity in the context of detention should be mitigated by carrying out strip searches in two distinct steps. In order to avoid the person standing completely naked in front of the staff, the detainee should be asked to remove his/her upper clothes and the lower clothes in two separate steps. The video-recording of strip searches as a safeguard and to allow for accountability has been subject to debate, as while it has the potential to prevent abuse, at the same time it infringes a person’s right to privacy and dignity.29 23. Revised Standard Minimum Rules, Rules 50 and 51. 24. European Committee for the Prevention of Torture (CPT), Report on the visit to Ukraine from 9 to 21 October 2005, CPT/Inf (2007) 22, para. 149. 25. European Committee for the Prevention of Torture (CPT), Report on the visit to Ukraine from 1 to 10 December 2012, CPT/Inf (2013) 23, para. 17. 26. European Court of Human Rights, Valašinas v. Lithuania, 24 July 2001, para. 117. 27. Revised Standard Minimum Rules, Rule 52 (1). 28. American Civil Liberties Union, available at: http://www.aclu.org/invasive-search <accessed 28 October 2013>. 29. See PRI/APT Factsheet ‘Video-recording in police custody’, in Detention Monitoring Tool: Addressing factors to prevent torture and ill-treatment, 2nd edition, 2015. 4 | Penal Reform International | Body searches: Addressing risk factors to prevent torture and ill-treatment

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