Read The Times Australia

Daily Bulletin

Strip searches in prison are traumatising breaches of human rights. So, why are governments still allowing them?

  • Written by: Andreea Lachsz, PhD Candidate, University of Technology Sydney

Content warning: This article contains details readers may find distressing including discussion of excessive or gratuitous violence, abuse and mental illness.

In December, the Victorian Court of Appeal found certain routine strip searches in prison breach human rights to privacy and dignity in detention. The decision highlights how traumatising, unnecessary and degrading the routine practice of strip searching people can be.

In Victoria’s prisons, strip searches involve forcing a person to remove their clothing, stand with their legs apart and bend over in full view of prison guards. There is some variation in strip-searching processes in other states and territories.

Throughout Australia, police and prison officials conduct strip searches as a matter of routine. They are commonly conducted upon entry into custody, after legal and family visits and hearings, when moving between secure locations or before drug testing.

For Aboriginal and Torres Strait Islander people, who are more likely to be policed, imprisoned, subjected to abuses of power and violence within prisons, and strip searched, the court’s decision is important. Victoria’s criminal and legal systems are built on Australia’s violent colonial history, and routine strip searches are a modern form of this violence.

The Victorian Court of Appeal case is an opportunity for real systemic reform. The Victorian government must now decide whether it will maintain this violent practice.

Read more: Excessive strip-searching shines light on discrimination of Aboriginal women in the criminal justice system

The case of Thompson v Minogue

In 2020, Dr Craig Minogue successfully challenged a prison order that he submit to a urine test and routine strip search before that test. In the Supreme Court, Minogue successfully argued this direction was in breach of his rights to privacy and dignity in detention. The state of Victoria appealed.

The Victorian Aboriginal Legal Service (VALS) was granted leave to intervene in the appeal as a “friend of the court” to make written and oral submissions.. Although Minogue is not Aboriginal or Torres Strait Islander, VALS believed it was critical to provide the court information on the harmful impact of strip searching and urine testing on First Nations people.

The Victorian Court of Appeal upheld the Supreme Court’s ruling that routine strip searches prior to urine testing breached Minogue’s human rights and the government did not properly consider human rights when making strip-searching policies.

The Court found these routine strip searches were “extremely invasive and demeaning” procedures which can constitute “a severe limitation upon […] privacy and dignity rights”.

Both the Supreme Court and Court of Appeal found the government did not back up its claims that routine strip searches prior to urine tests were necessary or effective. The government did not sufficiently explain why pre-existing and less harmful alternatives, such as x-ray body scanners, were not used.

However, the Court of Appeal reversed the Supreme Court’s decision on urine testing and found this procedure did not breach Minogue’s human rights. Minogue has sought to appeal this aspect of the decision to the High Court.

Now, it is up to the Victorian government to decide whether it will implement changes to strip-search policies and laws to end this practice across all police stations and prisons.

Read more: Dragging its feet on torture prevention: Australia’s international shame

The human rights of people in prison

Evidence and data in Australia show strip searches are often over-used, ineffective in uncovering contraband and unnecessary. Strip searches are also prone to being a tool for abuses of power and misconduct.

A 2021 IBAC report exposed serious misconduct in the management and conducting of strip searches in Victoria. Staff were unfamiliar with human rights standards and prisons did not properly investigate complaints about inappropriate searches.

The general manager of Port Phillip Prison was reported to have said strip searches were “one of the options available to assert control” over people in prison. Reports from other states tell the same story of unlawful searches being used to degrade and humiliate prisoners.

Under both the Victorian human rights charter and international law, people in prison are entitled to the same human rights as those outside of prison. This includes a right to privacy, including bodily and psychological autonomy, and to be treated with humanity and respect.

International law dictates that, given the harmful impact of strip searches, alternatives such as x-ray scanners should instead be used in prisons.

Independent scrutiny of human rights in prisons is also vital, including preventive oversight under the UN Optional Protocol to the Convention against Torture (OPCAT). Australia has ratified this protocol, but has missed the January 20, 2022, deadline to meet its obligations to set up an independent oversight system of places of detention.

Strip searches are inherently harmful

There is evidence Aboriginal people are subjected to disproportionate rates of strip searching. Many Aboriginal people who are incarcerated have disabilities and histories of trauma. Strip searches can compound this trauma and impede a person’s ability to recover and heal.

In a 2016 Four Corners episode, entitled Australia’s Shame, footage was shown of a young Aboriginal child in the Northern Territory being stripped naked. This horrified Australians and led to a royal commission.

Years later, however, it is still lawful in Victoria and other states and territories to subject Aboriginal children to traumatic strip searches.

A prisoner pinned down by four corrections officers and hit in the head during a strip search.
A prisoner pinned down by four Melbourne corrections officers and hit in the head during a strip search in 2007. Ombudsman Victoria/AAP image

The evidence is indisputable – strip searches do not work, are inherently harmful, and disproportionately impact Aboriginal people.

Rather than persist with this archaic practice, all Australian governments must end the use of strip searches.

Authors: Andreea Lachsz, PhD Candidate, University of Technology Sydney

Read more https://theconversation.com/strip-searches-in-prison-are-traumatising-breaches-of-human-rights-so-why-are-governments-still-allowing-them-174463

Business News

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Businesses Are Choosing Virtual Reception Services

In today’s fast-paced digital world, businesses are constantly evolving to meet the needs of their...

Why Concrete Pools Offer Endless Design Possibilities

Imagine stepping into your backyard and being greeted by a stunning pool that reflects your person...

How Legal Advice Can Help with Driving Offences

Driving is a part of everyday life for many people. It allows us the freedom to travel, commute, a...

How Experienced Lawyers Support Criminal Defence

Facing criminal charges can be one of the most daunting experiences in a person's life. The stakes...

How media and Digital Marketing agencies Help Brands Stand Out

In today’s hyper-connected world, standing out is more challenging than ever. Brands are competing...

How to Choose the Perfect Honeymoon Destination

Your wedding day is just the beginning of an incredible journey together. After saying "I do," it’...

Walking Shoes vs Running Shoes: Which Are Better for Daily Walking?

Running shoes have become the default athletic footwear for a lot of people who rarely run. That ...

What Happens to Your Rubbish After It Leaves the Kerb

Most of us don’t think much about rubbish once the bin lid closes. The truck arrives, the bins are e...

Thermoplastic vs. Paint: The True Long-Term Cost Comparison

Line marking looks like a simple line item on a school maintenance budget, until the true cost of ...