6. Body searches It is mandatory to conduct a body search of each and every prisoner upon admission. Relevant international standards include Article 10 of the International Covenant on Civil and Political Rights (hereinafter referred to as ICCPR), which reiterates the need to protect the dignity of persons deprived of liberty. Similarly, one of the basic principles laid out in the SMRs focuses on the dignity of prisoners, as specified in Rule 1. Accordingly, it requires ensuring the protection of all prisoners from torture and other cruel, inhuman or degrading treatment.42 SMR 50 specifies whether a search has to be conducted in the first place and how to conduct a search when required. It states that ‘searches shall be conducted in a manner that is respectful of the inherent human dignity and privacy of the individual’, bearing in mind the principles of proportionality, legality and necessity.43 Rules 50-52 and 60 govern the standards to be maintained when conducting body searches of prisoners and visitors as well as ward searches. Since body searches carry the risk of being intrusive and violating the dignity and privacy of an inmate, they must be conducted in a respectful manner that does not cause psychological or physical harm. Accordingly, SMR 51 specifies that body searches must not be done to harass, intimidate or intrude upon a person’s privacy and records of any search including strip searches, body cavity searches and searches of cells must be properly maintained.44 SMR 52(1) limits intrusive searches, including strip searches and body cavity searches, to be undertaken only if absolutely necessary, and encourages the prison administration to opt for appropriate alternatives to intrusive searches. Moreover, intrusive searches must be conducted in private by trained staff of the same sex as the prisoner. As per SMR 52(2) body cavity searches must only be conducted by qualified health-care professionals. In national legislation, Section 42 of the PO states that all prisoners should be searched upon admission and any weapons or prohibited articles must be seized from the prisoner. Moreover, Section 33 of the PO grants the officer acting as the ‘gate-keeper’, or any other prison officer, the power to examine anything or any person coming in and out of prison. With regard to prohibited articles, Section 129 of the SRs makes it a duty of the gate-keeper to prevent the admission of such articles45, and Section 88 of the DSO reaffirms this duty imposed on the gate-keeper. Section 97 specifies the duty to search prisoners received from 42 SMR 2015, r 1, ‘All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.’ 43 ibid r 50. 44 ibid r 51, ‘Searches shall not be used to harass, intimidate or unnecessarily intrude upon a prisoner’s privacy. For the purpose of accountability, the prison administration shall keep appropriate records of searches, in particular strip and body cavity searches and searches of cells, as well as the reasons for the searches, the identities of those who conducted them and any results of the searches.’ 45 SRs 1956, ss 237, 238, ‘The following articles shall not be admitted into the prison, except by medical order or under the sanction of the Superintendent: - tobacco, betel, spirits, opium, bhang, poisons, or drugs of any sort”; “The following shall not be admitted under any circumstances: - Immoral or unauthorized books, cards, dice, or any instrument for gaming., 49