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. 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.
Types of body searches
In France, there are three types of body searches, and each of them can only be used in specific circumstances:
1. Pat-down body searches
This is when a prison officer pats down the outer surfaces of your clothing to find dangerous or prohibited objects such as weapons.
According to French law, pat-down searches are allowed whenever there are reasons to suspect from you a risk of escape, or the entry, exit, circulation in prison of objects/substances that are prohibited or dangerous for the safety of others or for the good order in prison.
The frequency of these searches is decided in the light of your personality and the circumstances of life in detention.
2. Full-body searches
Full-body searches are allowed only if pat-down searches or the use of electronic detection means are insufficient. They can be individually based or systematic:
Individual full-body searches can be used if you are presumed to have committed an offence, or if your behaviour puts at risk the security of others or the good order in the prison. This can be the case if you present a risk of escape or if you are suspected of bringing in prohibited or dangerous objects/substances in the prison.
Systematic full-body searches are general, they are done regardless of your personality or behaviour. This type of search is possible for all prisoners who enter/go back to the prison without having remained under the constant supervision of the prison staff or police forces. These searches are also possible when there are serious grounds for suspecting the introduction into the prison of objects or substances that are prohibited or constitute a threat to the safety of persons or goods. In this case, the prison staff may order full-body searches in specific places of the prison and for a specific period of time, on any prisoner. However, these systematics searches must always be proportionate and strictly necessary.
example If you are full-body searched every time you go back from the meeting room, without taking into account your personality/behaviour/past-conduct, this will be considered illegal.
3. Internal body investigations
Internal body investigations are normally forbidden. They are allowed only if you are suspected of having ingested or concealed in your body prohibited substances or objects. In this case the head of the prison can submit a request to the public prosecutor to have an internal body investigation carried out by a doctor from outside of the prison.
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 that respects your human dignity. Any body-search, including pat-down body searches, must always be carried out by an officer of the same sex as you. Prison staff of the opposite sex are never allowed to be present.
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 head of the prison or the French Prison Administration. Read more about how to complain.