Sunday 19 September 2021

Judiciary To Decide Whether Prisoners Should Expose Genitals During Search

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The Consejo Superior del Poder Judicial (High Judicial Council) is being asked to rule whether prisoners being transferred must expose their genitals during searches.

The Council is being asked to make a decision on whether prisoners, while in the custody of the Organismo de Investigación Judicial (OIJ) must only drop their pants/skirts and keep on their underwear, or that officials can make a “thorough review”, including a cavity search.

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The process is part of the proposed amendment to the OIJ Procedural Handbook relating to bodily interventions of the arrested.

The deputy director of the OIJ, Gustavo Mata, asked “vehemently” the adoption of the search proposal in order to ensure that those arrested are not carrying weapons in their genitals.

Of concern is the that a full body search could violate the constitutional right of detainees, in that “no one shall be subjected to cruel and degrading treatement”.

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