Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
Want to ask a question? Please read our guidance information found here: Submitting a KMS Question← Back Search KMS
This content is only available to registered members of EuroPris.
- Article 47 of the Law for the "Rights and Treatment of the Prisoners and Detainees" - Article 43 of the Law for the Prison Police. Both these laws specify the terms for the phisical control of the detainees and prisoners when they are accepted in the system or when there are strong reasons to make them undergo a phisical control (for security matters).In what ways is the body search performed?
On gender basis (women are body searched only by female police and men only by male police); No discrimination of race, ethnicity or other;What technical devices are used for body search?
By hand scaners and door scaners; By phisical contact: hands with medical gloves;If inmates refuse the body search are there any sanctions applied to them?
Based on the Regulation of Prisons in Albania, when accepted in a prison or predetention center the prisoners undergo a specific procedure of phisical control that is recorded on papers and included in their personal files, which makes it a mandatory control. There are certain sanctions in the cases when prisoners refuse the phisical control (which is not specified as such: it is referred to as "violent objection to the prison police or civil staff when performing their duty requirements", in overall terms). There are different types of sanctions, but based on the Regulation of Prison this is considered a high violation of rules and has provisioned sanctions such as isolation for a maximum of 10 days, refusal of permitions to go to their families, separation from the sports and cultural activities etc.Special Remarks or Comments
The basic law concerning the prison system and the legal position of detainees of 12 January 2005 allows to compel the detainee to undress completely and to inspect the body orifices and cavities externally during a body search in prison. Any form of body contact is forbidden. However, only the oral cavity is inspected in practice. The practical instructions for body searches (collective letter of 30 January 2014) indeed only stipulate that the official visually inspects the oral cavity by asking the detainee to open his/her mouth. Hence, in practice, no other body cavities than the oral cavity are inspected during a body search. It should, however, also be emphasized that the above-mentioned basic law concerning the prison system only allows external inspections of body cavities. Pursuant to the Code of Criminal Procedure (art. 90bis), only an examining magistrate, the indictment division and the court/tribunal before which the crime is brought are competent to order other inspections of body cavities can.In what ways is the body search performed?
Body searches in prison are carried out as follows (as stipulated in the above-mentioned instructions of 30 January 2014): - the detainee undresses completely; - the official hands the detainee a towel; - the detainee loosens his/her hair and runs his/her fingers through it; - the detainee is asked to show the soles of his/her feet; - the official inspects the detainee's clothes; - the official visually inspects the oral cavity by asking the detainee to open his/her mouth; - the official asks the detainee to spread his/her arms, to remove the towel and to make a 360° turn.What technical devices are used for body search?
No technical devices are used during body searches in prison.If inmates refuse the body search are there any sanctions applied to them?
If a detainee refuses to undergo a body search ordered by the prison warden, the prison warden may decide to punish the detainee for "non-compliance with the requests and the orders of the prison staff" (disciplinary infringement mentioned in art. 130, 3°, of the basic law concerning the prison system).Special Remarks or Comments
Article 68 of the Penitentiary Regulation Act provides for the execution of body searches of persons, clothing and effects of inmates with the possibility of nakedness of the person with the limits and conditions that the same article states, as well as the possibility of applying other appropriate means of control. The Circular 1/2008 on searches and application of appropriate means of control is the instrument that governs the procedure. Rectum search is not allowedIn what ways is the body search performed?
There are two types of body search: -superficial search -nakedness with radiological testing Art. 1.2.1. of the Circular establish that: According to Article 68.2 of the penitentiary regulation act, the body search of a person with nakedness is appropriate only to prevent the introduction or possession of dangerous objects or substances that can damage health or physical integrity of persons or alter the security and orderly coexistence in the prison center.What technical devices are used for body search?
X rays MachineIf inmates refuse the body search are there any sanctions applied to them?
1.5. If any of these body search exposed became the cause of a regimental alteration with disturbance of normal life in the prison center and, in the event that the inmate resist or unreasonably refuses to hand over objects or substances detected by explorations made, it can be applied the provisional measure of isolation scheduled for art. 72 of the Prison Rules Act and keep it in a phase of constant observation in the terms and conditions established by the Article 45 of the LOGP (Penitentiary Law), lasting only for the time strictly necessary.Special Remarks or Comments
In the prison system of the Republic of Croatia, body cavity serches age regulated by the Law on the Enforcment of the Prison Sentence. According to this law priosner and his belongings can be searched anytime, so there is no possibility that prisoner refuses the search. SearchIexamination of body cavites can only be preformed by a medical doctor.In what ways is the body search performed?
As a rule, body cavity search/examination is preformed in helth department of the priosn or in civil health care facility, acocording to regulations of medical profession and with respect of human dignity.What technical devices are used for body search?
If necessary, medical doctor can use medical instruments which are normally used for this kind of examinations on patients.If inmates refuse the body search are there any sanctions applied to them?
Prisoner can't refuse the search/examination.Special Remarks or Comments
This content is only available to registered members of EuroPris.
Yes - body cavity search are legally regulated -see below (1) The Department of Prisons and Probation and the institution may make a search of the items in an inmate's possession in his room or on his person without any court order if such search is necessary in order to ensure the observance of prison rules or for reasons of security, including – (i) when the inmate is admitted to the institution; (ii) if the inmate is suspected of unlawful possession of items; (iii) before and after visits; or (iv) before and after absence from the institution or residence unit. (2) Furthermore, the director of the institution or the person so authorised may, for reasons of order or security, decide on a detailed search of an inmate's person if there are specific reasons for assuming that the inmate is in unlawful possession of items. (3) No search may be made if the measure would be disproportionate in view of the purpose of the measure and the indignity and the discomfort presumably caused by the measure. (4) Any search must be made as considerately as circumstances permit. (5) Any search involving undressing may only be made and witnessed by persons of the same sex as the inmate. This does not apply to health staff.In what ways is the body search performed?
Any search as referred to in subsection (2) hereof may be made only with the assistance of a doctor. The doctor shall determine whether it is medically justifiable to carry out the measure in view of the pain and risk involved and the inmate’s conditionWhat technical devices are used for body search?
No use of technical devices related to body cavity search.If inmates refuse the body search are there any sanctions applied to them?
If an inmate will not submit to a recto-vaginal examination or if the examination cannot be made for other reasons, the inmate may instead be excluded from association and placed under observation by a guard under the rules of the Executive Order on Exclusion of Inmates from Association, Including Segregation in Observation Cells, etc., in State and Local Prisons.Special Remarks or Comments
Prison officers do not have the legal authority to conduct an intimate search,which is defined as an intrusion into a bodily orifice, i.e. the mouth, anus or vagina. Prisoners who have secreted contraband internally may have clinical needs which require a healthcare professional to conduct an intimate examination on medical grounds. These must only be carried out with the prisoner’s consent. Medical practitioners will not carry out intimate examinations for anything but clinical need. Prison Service Instruction 67/2011 is available at: https://www.justice.gov.uk/.../psi-67-2011-searching-person.docIn what ways is the body search performed?
As above, such body searches are not pemitted. Lawful searching techniques are set out in Prison Service Instruction 67/2011, "Searching of the Person", which is available on the Ministry of Justice website.What technical devices are used for body search?
As above, such body searches are not conducted. Physical body searching procedures are augmented by metal detecting wands and arches, mobile phone detecting equipment, Body Orifice Security Scanners, x-ray technology (baggage and packages only)and other more lower tech manual equipment (e.g. mirrors).If inmates refuse the body search are there any sanctions applied to them?
N/ASpecial Remarks or Comments
A body cavity search may be conducted on a prisoner is suspected with probable cause of an offence, the punishment for which is more than six months of imprisonment, or of unlawful use of narcotics. A body cavity search includes a search of body cavities, the taking of a sample or another examination of the body. A procedure requiring medical expertise may be conducted only by a physician (e.g. rectum search).In what ways is the body search performed?
A prisoner may be subjected to a body search if the prisoner is suspected of possessing unlawful articles or substances or if the body search is necessary in order to prevent an escape or unauthorised exit from an open institution, to deter a threat to prison order or security, to investigate a suspected disciplinary infraction or in connection with entering or returning to prison or with an unsupervised visit and a visit involving a child. A body search covers a search of what the prisoner has in his or her clothes or otherwise on his or her person. A body search also covers a search of the prisoner's mouth. The person conducting the body search has to be of the same sex as the person subject to the search.What technical devices are used for body search?
Metal detectors, both hand-held devices and walk-through gates.If inmates refuse the body search are there any sanctions applied to them?
If there is resistance, the search is conducted based on the principle of minimum intervention. It is possible to impose a disciplinary punishment for insubordination and report violent resistance to a public official to the police.Special Remarks or Comments
1. The answer here is no. The 2007 Rules ( statutory instruments ) refers. Rule 6 , (3, 4,) covers the examination of the " prisoners person " , " the prisoners body ...in as seemingly a manner as is consistent with the necessity of discovering any concealed article "In what ways is the body search performed?
The body is searched by the prisoner removing the top half of his clothing and a visual examination of his upper body , similarly the bottom half of clothing and then lower half of body. The prisoner is never in a state of undress and search is always supervised by two staff of same genderWhat technical devices are used for body search?
3 Handheld metal detector is used on the person ( non contact ) and the prisoner is asked to sit in the Boss Chair ( Body Orifice Security Scanner) which will detect metal objects held within the bodyIf inmates refuse the body search are there any sanctions applied to them?
4 Upon refusal , the Prisoner will be deemed to have breached Prison Discipline and will be charged with same pursuant to Part 3 of the Prisons Act , 2007 , and disciplinary action may be taken by the Prison Governor subject to Rules 62 to 65 of said Act .Special Remarks or Comments
Yes. Law On the Procedures for Holding under Arrest Section 1. Purpose of this Law states that "The purpose of this Law is to ensure commensurate conformity with the human rights and the interests of criminal proceedings in applying the security measure – arrest." Law On the Procedures for Holding under Arrest Section 7. Placing of an Arrested Person in an Investigation Prison clause 2 states that "When placing in an investigation prison, an arrested person shall be searched by a prison employee of the same sex. The results of the search shall be recorded in a protocol." Law On the Procedures for Holding under Arrest Section 14. Duties of an Arrested Person states that "An arrested person has a duty to abide the health examinations and search determined in this Law and other laws and regulations." According to Law On the Procedures for Holding under Arrest Section 28. Safety Measures "(1) An employee of an investigation prison has the right to search an arrested person in the cases and in accordance with the procedures provided for in the internal regulations of investigation prisons. An arrested person shall be searched by an employee of the investigation prison of the same sex." Investigation Prison Internal Regulations (Regulations No.800 signed by the Cabinet of Ministers on November 27, 2007) Section 3 states that "An arrested person is placed in admission department, where pull search of the arrested person and their belongings are carried out." According to Investigation Prison Internal Regulations Section 11 "Goods, items and substances that are prohibited to keep and were not handed over of free will are expropriated and destroyed, a statement is written (appendix 6). It is forbidden to keep goods, items and substances that are not noted in appendix 4 of these regulations." According to Investigation Prison Internal Regulations Section 57 "If there is reasonable suspicion that an arrested person have objects, goods, substances or items, that are prohibited in the place of deprivation of freedom, as well as objects that could be used by arrested persons to commit crime or attempt to escape, arrested person is searched. " According to Investigation Prison Internal Regulations: Section 58 An arrested person is searched: 58.1. upon admittance to the investigation prison; 58.2. before being placed in a cell and before exiting it; 58.3. before and after work, bath (sauna) and meeting rooms; 58.4. before exiting the investigation prison and before returning to the investigation prison; 58.5. upon being placed into a punishment isolation cell and when being released from it; 58.6. when searching the cell; 58.7. if there are suspicions that an arrested person has prohibited objects. Section 59 An arrested person can be searched when a complete search is carried out (including strip search) or when a partial search is carried out (without strip search). Section 60 When carrying out partial search: 60.1. an arrested person is asked to hand over prohibited items; 60.2. an arrested person is asked to raise their hands, face a wall, with their hands lean against the wall, spread their legs shoulder length apart; 60.3. a guard from behind carries out frisk search from top to bottom with special attention to places where prohibited object could be hidden; 60.4. head covering and shoes are checked. Section 61 If the behaviour of the arrested person during partial search raises suspicion, a complete search must be carried out. Section 62 A complete search o fan arrested person is carried out in a special room used for that purpose. Section 63 When carrying out complete search: 63.1. an arrested person is asked to hand over prohibited objects and then undress; 63.2. body, mouth cavity, ears, hair, toe and finger gaps, prosthetics and medical bonds of the arrested person are checked ( if necessary, the check is performed in the presence of doctor of the investigation prison); 63.3. head covering, clothes and shoes are checked. Shoes are checked by examining them from outside and inside, extra attention is paid to places where money, drugs or other objects can be kept (e.g. heels, soles); 63.4. seams, patches, collars, cuffs are checked and if necessary patches and seams are unstitched. Section 65 Administration of investigation prison has the right to carry out a search of living space and work space of arrested persons at any time. According to The Sentence Execution Code of Latvia Section 1 Task of Criminal Punishment Execution The task of criminal punishment execution is to execute criminal punishment in accordance with the fundamental principles of executing criminal punishments laid down in this Code, applying the resocialisation measures laid down in this Code to a convicted person, as well as to achieve that the convicted person and other persons abide laws and refrain from committing criminal offences. This Code governs the provisions and procedures for execution of criminal punishments, the legal status of convicted persons and the competence of State and local government institutions in execution of punishments. [14 July 2011] According to Place of Deprivation of Liberty Internal Regulations (Regulations No.423 signed by the Cabinet of Ministers on May 30, 2006) Section 6 Inmate is placed in admittance department of place of imprisonment, where a search and belonging check is carried out. Search is carried out by persons of the same sex. Section 7 Goods, items and substances that are prohibited to keep and were not handed over of free will and were found with an inmate during the search will be expropriated and destroyed and a statement is written (Appendix 4). Section 69 Inmate is searched before and after a meeting. To the meeting inmate is allowed to bring only hygiene and smoking items. According to Procedure on search at places of imprisonment (procedure No.1/12-1/kart. by the Latvian Prison Administration, signed on March 9, 2006) Section 2 Search is carried out by a specially made guard units, but if necessary other officers of prison can be involved. Special technical devices can be used in search as well. Section 7 Unscheduled search of inmate and inmate's cell is carried out in the case if there is reasonable suspicion that an inmate has or in the cell there are objects, goods, substances or items, that are prohibited in the place of deprivation of freedom, as well as objects that could be used by inmates to commit crime or attempt to escape. Section 8 Unscheduled search of inmate and inmate's cell is carried out if there is an order from Chief of prison, Deputy chief of prison or Assistant director of prison. Section 11 Inmate's search is carried out by an official/employee of the same sex. Section 12 Inmate's search can be carried out as strip search (complete search) or frisk search (partial search). Section 13 During partial search: 13.1. an inmate is asked to hand over prohibited items; 13.2. an inmate is asked to raise their hands, face a wall, with their hands lean against the wall, spread their legs shoulder length apart; 13.3. a guard from behind carries out frisk search from top to bottom with special attention to places where prohibited items could be hidden; 13.4. head covering and shoes are checked. Section 14 If the behaviour of the inmate during partial search raises suspicion, a complete search must be carried out. Section 15 A complete search o fan arrested person is carried out in a special room used for that purpose. Section 16 When carrying out a complete search: 16.1. an inmate is asked to hand over prohibited objects and then undress; 16.2. body, mouth cavity, ears, hair, toe and finger gaps, prosthetics and medical bonds of the inmate are checked ( if necessary, the check is performed in the presence of prison doctor); 16.3. head covering, clothes and shoes are checked. Shoes are checked by examining them from outside and inside, extra attention is paid to places where money, drugs or other objects can be kept (e.g. heels, soles); 16.4. seams, patches, collars, cuffs are checked and if necessary patches and seams are unstitched. Section 17 A protocol is written about the search of an inmate (Appendix 2), and then added to a register of conducted search protocols (Appendix 3).In what ways is the body search performed?
Please see answer to the 1st question.What technical devices are used for body search?
Metal detector can be used for body search.If inmates refuse the body search are there any sanctions applied to them?
Yes, if an inmate refuses to satisfy lawful demands of prison administration, i.e. body search, disciplinary sanctions can be applied.Special Remarks or Comments
Body Cavity Searches are not permitted under NI legislation that applies to prisons.In what ways is the body search performed? What technical devices are used for body search? If inmates refuse the body search are there any sanctions applied to them? Special Remarks or Comments
Yes, this is regulated in The Execution of Sentences Act paragraph 29. See also question 2In what ways is the body search performed?
The Execution of Sentences Act paragraph 29 reads: If it is probable that a convicted person is concealing in his or her body intoxicants, anaesthetics, hormone preparations or other chemical substances that are not lawfully prescribed, the Correctional Services may decide that the convicted person shall be placed in a secluded room equipped with a special lavatory. A medical opinion shall be obtained and taken into account in considering whether this measure shall be implemented. While so placed the convicted person shall be subject to constant supervision by health-service personnel. If it is probable that a convicted person is concealing substances that are not lawfully prescribed, the Criminal Service may also use X-ray. A medical opinion shall be obtained and taken into account in considering whether this measure shall be implemented. If it is highly probable that a prisoner is concealing in his or her body intoxicants, anaesthetics, hormone preparations or other chemical substances that are not lawfully prescribed, the Correctional Services may decide that a bodily search or other measure may be carried out in order to bring the substance to light. A medical opinion shall be obtained and taken into account in considering whether this measure shall be implemented. Theintervention may only be carried out by health-service personnel. Consent shall be obtained from the regional level beforehand if this is practically possible.What technical devices are used for body search?
See question 2If inmates refuse the body search are there any sanctions applied to them?
Regulation to The Execution of Sentences Act paragraph (§ 3-11) states that local level may make supplementary provisions concerning peace, order and discipline in the prison. The prisoners shall conform to current provisions and comply with orders and decisions made by the staff of the Correctional Services. Against prisoners who do not conform to provisions concerning peace, order and discipline; the staff may use physical force when this is necessary and justifiable and less intrusive measures have been tried in vain or appear to be inadequate.Special Remarks or Comments
This content is only available to registered members of EuroPris.
No, body cavity search is prohibited by law If it is suspected that a prisoner hiding in the body the drug, is temporarily exclude a specific area where officers controling his secretions.In what ways is the body search performed?
NoWhat technical devices are used for body search?
NoIf inmates refuse the body search are there any sanctions applied to them?
NoSpecial Remarks or Comments
First of all; enforcement may not entail limitations of the prisoner's liberty other than those that follow from the Act on Imprisonment (Swedish Code of Statutes 2010:610) or are necessary to maintain good order or security. A control or coercive measure may only be used if it is reasonably proportionate to the objective of the measure. If a less intrusive measure is sufficient it shall be used. Unless it is manifestly unnecessary a person who is to be admitted to a prison shall be subjected to a body search or a body inspection on arrival at the prison to search for prohibited articles. The Swedish Act on Imprisonment differentiates between body search and body inspection. Body inspection is directed against the body's outer and inner cavities, but it can also be about providing urine, breath, saliva, sweat, blood or hair samples for tests. Our answer only regards the body inspection, not the milder body search. Body inspection may include examination of every cavity of the human body and its feces. The inspection that does not include examination of the oral cavity, test of urine, breath, saliva, sweat, blood or hair samples may only be performed by a doctor or a registered nurse in accordance with the doctors announced instructions. Body inspection in the form of a rectal or vaginal examination shall be carried out in hospital. Body inspection may not be witnessed by anyone of the opposite sex who is not a doctor or a registered nurse.In what ways is the body search performed?
Method of investigation Another official in addition to the inspecting attend if possible at physical examination. No unauthorized persons may attend the examination. The survey is carried out in suitable premises. Change of clothes is provided when necessary. The official is to be alert to signals or signs of possible influence of drugs. For the examination of the mouth, ears and other cavities to be optimal, it is necessary to use a flashlight. When an unauthorized object is found the prisoner should be held under constant supervision pending a decision on further action. Special instructions regarding stool To place a prisoner on a stool in order to examine his/hers feces is also a kind of body inspection. The purpose is to determining whether an inmate has any unauthorized objects inside the body. During such an action is carried out the inmate shall be kept under constant supervision. The purpose of supervision is twofold: to protect the inmate and to ensure that the investigation is not manipulated. Before the action starts, the inmate undergoes the milder form of body examination (i.e. a visual examination of the naked body). Observing staff shall keep accurate records regarding the feces, meal times, what meals consist of, important changes and development. The lighting in the room shall be on continuously, even at night. The prisoner will not normally be offered time outdoors as long as the seclusion is in progress.What technical devices are used for body search?
As mentioned above – flashlight etc. In addition, other instruments may be used by doctors or nurses, instruments strictly used by medical staff. Lately it has become more common to use X-ray. To do that one has to transport the inmate to a hospital, but with a good dialogue it´s often worth the trip. The whole process is dramatically shortened in time. The efforts made instead can be concentrated on planning the transport regarding security.If inmates refuse the body search are there any sanctions applied to them?
A prisoner who violates the regulations and conditions that apply to the enforcement may be given a warning. Provisions concerning the postponement of conditional release are contained in the Penal Code. In addition to the risk of the postponement of conditional release, there is also the considerable risk that misbehavior will inflict on the inmates conditions regarding leaves, visits, differentiation and other needs for monitoring and control. Refusing body search is not very common. You simply have too much to loose.Special Remarks or Comments
This content is only available to registered members of EuroPris.
Supported by the Justice Programme of the European Union