court and on transfer. It is important to note that Section 47 of the DSO provides that in
exercising the right to search any prisoner, ‘any unnecessary humiliation should be avoided’
and the search must be conducted in a seemly manner, with due regard to reasonable
privacy.46 Section 3347 of PO and Section 814 of the DSO48 state that female prisoners are to
be searched by a female prison officer.
The gate keeper is required to record in the Gate Book all searches made, whether of
prisoners, officers, private persons, or vehicles.49 This requirement is consistent with the
SMRs, which require prison officers to maintain records of the searches conducted, as well
as the reasons for the searches, the identities of those who conducted them and any results
of the searches” for the purposes of accountability.50
6.1.
The search procedure in practice
In practice, body searches are conducted in the following instances; upon admission of a
prisoner to a prison for the first time, upon return from court sessions and from work outside
the prison, and upon admission of a prisoner who is transferred from another prison. There
are no national legislation, regulations or circulars or internationally utilized standards
outlining the manner in which a search must be conducted, and the safeguards to be
maintained when searching a prisoner. The Commission was not informed of prison officers
being mandated to undergo any relevant training for this purpose.
Body searches were conducted by the “Prison Police” (banda police), which was partially
disbanded in October 2018 and thereafter reconstituted, is a unit established within the DOP
for the purpose of conducting body searches and also ward searches and searches during
family visits. It was established through Department Circular 08/2010 issued on 03
February 2010 as the “Intelligence and Security Unit” and came into operation from 23
January 2010. According to the same Circular, the role of the officers of this unit is to
thoroughly search every officer, visitor and prisoner entering prison to prevent anyone
bringing vehicles and materials without authorization or illegal objects into the prison.
Circular No.06/2016 issued on 28 January 2016 by the Prison Headquarters to the SPs of
WCP, Bogambara [PCP], MCP, CRP and NMRP, places the duty of conducting body searches
upon the officers of the Intelligence and Security Unit to prevent the entry of contraband into
prison premises. Hence, such officers were to be placed on duty at the main entrance to
conduct body searches of officers and prisoners and to operate the body scanner and parcel
scanner machines. The same circular vested the responsibility of guiding the team assigned
to conduct body searches upon the SP and the CJ of the relevant prison. This Circular was
amended through Circular No.14/2016, issued on 5 March 2016, which states that the SPs of
prisons shall take steps to formulate a proper strategy to prevent the entry of contraband
46
DSO 1956, s 47.
PO No.16 of 1877, s 33.
48
DSO 1956, s 814.
49
ibid s 97.
50
SMR 2015, r 51.
47
50