Document Type : Research Paper
Author
Ph.D. in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract
Body searches, especially strip and cavity searches or intimate searches, inherently violate human dignity and privacy. However, prisons have no other way to prevent the entry of prohibited objects and substances. That’s why international institutions and documents protecting human rights have occasionally accepted their use. Although they have considerations regarding the method of application and implementation, especially for special groups such as children and patients. This research is trying to evaluate the conditions under which body search may lead to inhuman treatment and even torture by using library and documentary sources and to answer these questions: where is the threshold for entering the forbidden territory in the body search? And to what extent are Iran's laws and regulations in line with human rights standards? The findings of this research show that Iran's criminal system has taken into consideration the basic issues of human rights standards by specifying the prohibition of strip and cavity searches except in exceptional cases and subject to meeting conditions in the executive regulations of the prisons organization. However, it is necessary to provide considerations for some sensitive groups, such as children and teenagers, in laws and regulations for full compliance with human rights standards.
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