Security measures such as body searches can be applied to ensure order and security in prison. A body search may be carried out to ensure that you are not carrying any illegal objects or substances. 

Reasons

Body searches can be used as a measure to ensure order and safety in prison, but only when there is a reason for such a search. Although upon arrival in a prison, you and your personal effects are subject to a search. Body searches, especially full body searches must not be carried out as a matter of routine – without a specific reason. Therefore, regular full body searches for no apparent reason are prohibited.

example The prison administration must not carry out weekly full body searches if you are not suspected of carrying illegal objects.

Manner of conducting a body search

Any body search, including a full body search (a strip search) where you have to fully undress in front of prison officers, must be conducted in a respectful manner. Any search which involves physical contact must always be carried out by an officer of the same sex as you. In the case of a full body search, prison staff of the opposite sex are not allowed to be present. 

Use of search have to be entered to your register (prisoners' register).

What human rights violation may there be?

Prohibition against inhumane or degrading treatment

Body searches that are carried out for no apparent reason, which are too invasive or carried out inappropriately, may lead to a violation of your right not to be treated in an inhumane or degrading way. However, the effect such a search leaves on your physical or mental condition must be severe enough to lead to a violation of those rights. 

example If you are strip searched once for no apparent reason, but the search itself is carried out correctly and without error, your rights will most probably not have been violated. However, if you are searched every other day for months without any reason, even if the strip search is carried out appropriately by an officer of the same sex, your rights will most likely have been violated. 

Read more about how to evaluate whether your rights have been violated. 

How to complain

If you believe that your rights have been violated, you should complain to the prison (via inspector-contact person within 30 days). Read more about how to complain

Human Rights Guide

A European platform for human rights education