Strip searches in prisons: Me Moussa Sarr puts an end to a “humiliating and degrading” practice

The Minister of Justice wants to guarantee the dignity of people deprived of their liberty. Yesterday, Me Moussa Sarr took out a memo to prohibit systematic strip searches upon admission to penitentiary establishments.

The Minister of Justice, Me Moussa Sarr, put an end to a practice long criticized as “humiliating” and “degrading”. This involves the strip search of detainees upon admission to penitentiary establishments. Yesterday, the Minister of Justice issued a memorandum prohibiting this measure. The document recalls that the Prison Administration, as part of its mission to secure penitentiary establishments, uses several legal processes, including searches. “It is provided for on the national level by articles 135 and 177 of decree 2001-362 of May 4, 2001 as amended, relating to the procedures for the execution and adjustment of criminal sanctions and, on the international level, by Rules 50 to 52 of the set of United Nations minimum rules for the treatment of detainees, called the Mandela Rules,” underlines the text.

The document also specifies that “the search is a necessary security measure to protect prison staff, prisoners and prison users against the introduction of prohibited objects or products”. However, it is clear, according to the Minister, “in practice, the various searches carried out, such as the pat-down search, the strip search, the search of premises or packages, deserve to be more humanized, in particular the strip search”. “In general, it is humiliating, degrading and undermines human dignity, whatever the security imperative targeted,” denounces Me Moussa Sarr.

Consequently, he considers that the search must be carried out “tactfully, without brutality, with perfect correctness and with respect for the dignity of the human person”, but also “by prison staff of the same sex”. In view of these ethical requirements and “in order to strengthen human rights, state authorities have decided to put an end to the practice of systematic strip searches in penitentiary establishments”.

With this in mind, the Minister of Justice gave several instructions to the Prison Administration. From now on, agents are asked to “designate a manager responsible for the search, to set up individual premises or boxes to check new arrivals separately, to only resort to systematic searches of arrivals when strictly necessary, and to stop stripping detainees naked by carrying out checks on them while leaving them with their underwear”.

The responsible minister specifies, however, “that in the event of a presumption of an offense or a proven risk to security, and if the pat-downs on underwear prove insufficient, it is possible to exceptionally carry out a strip search.” Finally, Me Moussa Sarr warns the regional directors of the Prison Administration that he “attaches value to strict compliance with this note which takes effect from the date of signature”.

Fatou SY