In a startling revelation, a recent report has found that less than one percent of prison strip searches in Australia result in the discovery of contraband. The findings, co-authored by the Human Rights Law Centre, the Formerly Incarcerated Girls Justice Advocates Melbourne (FIGJAM), and Flat Out, highlight the invasive nature of these searches and their questionable efficacy.
Kelly Flanagan, a Wiradjuri woman and sexual abuse survivor, recalls the dehumanizing experience of strip searches during her four-year incarceration. “You’ve never experienced anything more intrusive than someone saying, ‘OK, spread your butt cheeks, now cough,'” she shared. The trauma was compounded by the lack of access to basic sanitary products and the humiliation of being laughed at by guards.
Strip Searches: A Controversial Practice
The report’s data, gathered through Freedom of Information requests from multiple Australian jurisdictions, paints a grim picture of the strip search practice. Over a 12-month period, approximately 181,848 strip searches were conducted, with a detection rate averaging only 0.58 percent. Notably, New South Wales and Western Australia did not provide data, citing the absence of a central register.
In Victoria alone, 40,427 strip searches were reported across 14 prisons from October 2021 to April 2022. Detailed records from two prisons showed negligible results, with only one item, a heroin replacement known as “bupe,” being found.
The average detection rate across jurisdictions was 0.58 percent, with a range from 0 percent to a maximum of 2.01 percent.
Disparities and Over-Representation
The report also highlights significant disparities in the strip search process, particularly concerning Indigenous populations. In the ACT, Aboriginal and Torres Strait Islander prisoners were disproportionately represented, accounting for 37.82 percent of strip searches among women, despite comprising only 23.1 percent of the female prison population.
Efforts to reduce strip searches have seen some success in the ACT, where the introduction of body scanners led to a 75 percent reduction in strip searches. “These changes have significantly reduced strip searches across the system, including for Aboriginal and Torres Strait Islander detainees,” an ACT Corrective Services spokesperson stated.
The Call for Change
The report’s authors advocate for the elimination of strip searches, suggesting alternative methods such as body scanners. Dr. Chris Cunneen, a criminology professor at the University of Technology Sydney, emphasized the need for consistent data collection and independent monitoring of prisons to ensure accountability.
“The vast majority of strip searches are unsuccessful in actually locating contraband. So they’re not a particularly efficient way of doing that,” Dr. Cunneen remarked.
Despite some jurisdictions like Queensland and Victoria taking steps to reduce the number of strip searches, the practice remains prevalent. Queensland Corrective Services defended the use of strip searches, citing safety concerns, while also acknowledging the role of body scanners in reducing the need for such invasive measures.
National Standards and Independent Monitoring
The report calls for a national standard in recording strip searches and the establishment of independent monitoring bodies, as required under the United Nations’ Optional Protocol to the Convention Against Torture (OPCAT). Currently, Victoria, NSW, and Queensland have yet to nominate independent bodies for this purpose.
Sohini Mehta from the Human Rights Law Centre, a senior lawyer involved in the report, stressed the need for uniform practices across states and territories. “At the moment, they all have different practices and laws,” she noted.
Looking Ahead
The push for reform is gaining momentum, with advocates urging for a nationwide ban on strip searches in prisons. The report underscores the need for a shift towards less invasive methods that respect the dignity and rights of incarcerated individuals.
As discussions continue, the focus remains on balancing security needs with human rights, ensuring that the prison system evolves to meet modern standards of justice and fairness.
