According to the data, 18 applications in which the ECtHR evaluated the strip search practices between 2018 and 2022, in 14 applications the Court decided that Article 3 was violated in terms of substantive or procedural aspects. In these decisions, attention was drawn to the findings about the necessity of strip searches, the incomplete functioning of forensic medicine mechanisms and the gross interventions on the physical, sexual and mental integrity of the applicants. Conclusion: In the decisions within the scope of violations of Article 3 regarding the strip search practices; a very narrow margin of appreciation is attributed for the necessity of a strip search. The fact that the medical evaluation reports on the strip search, and their compliance with the Istanbul Protocol standards in terms of clarifying the concrete incident play an important role on the ECtHR judgements.
This study was presented at 21st Forensic Science Congress on 03-06 November 2022.
Click here to download the summary of study as a PDF file.