RT Article
T1 Strip searches: a risky practice that needs to be monitored
JF Body Searches and Imprisonment
SP 45
OP 65
A1 Bernath, Barbara
LA English
YR 2023
UL https://krimdok.uni-tuebingen.de/Record/1878982575
AB Body searches are inherently risky practices because they imply either physical contact between persons deprived of liberty and the prison staff, or nudity, or even both in the case of intrusive body cavity searches. The risk is high for these practices to be used or applied in such a way as to constitute degrading or inhuman treatment or even torture. Safeguards and legal frameworks have been developed to reduce these risks. The adoption of the 2015 Nelson Mandela Rules (Rules 50–52), the 2010 Bangkok Rules on Women Offenders (Rules 52, 53, 60), and the 2020 European Prison Rules (Rule 54) represents important and welcome protection against abuses. However, legal norms and standards are far from enough to ensure sufficient protection. Independent oversight is essential to monitor the gap between law and practice. Monitoring bodies, such as National Preventive Mechanisms (NPMs) designated under the Optional Protocol to the UN Convention against torture play a key role. They have access to places of detention at any time and they can also check information, registers, and files. More importantly, NPMs can conduct interviews in private with detainees of their choice. Cross-checking these different sources with information from authorities, NPMs will better understand the reality. They can analyse how the standards are applied in practice, monitoring where searches are conducted, who conducts them and how it is done. NPMs can also question practices, in particular blanket policies where body searches are conducted on a systematic basis. In addition, they can also pay particular attention to persons in situation of heightened vulnerability such as women, girls, or LGBTIQ+ persons detained. Last but not least, the role of monitoring bodies is to make concrete recommendations to assist States in reducing the risk of ill-treatment. NPMs can promote good practices found in different places or regions and propose revisions of regulations or procedures if necessary. Through dialogue with authorities, monitoring bodies can contribute to better-protecting persons deprived of liberty against the risks of abuses inherent in body searches; in reality and not just in law.
NO Literaturverzeichnis: Seite 62-65
SN 9783031204517
DO 10.1007/978-3-031-20451-7_4