The Israel Prison Service (IPS) will reimburse a prisoner in the amount of 8,000 shekels for a naked search carried out as per an agreement reached between the prison service and Attorney Bleicher.
In a unique case of a suit against the IPS, a prisoner will be compensated for searches he has had to undergo in the nude: “We hope that the outcome of the verdict will be studied for further investigation”, said Bleicher.
In a compromise reached between the parties, it was determined that the prison service would reimburse a prisoner in the amount of NIS 8,000 following a search for naked body searches for no good reason.
According to the prisoner, who will be represented by attorney Menashe Yado of the Honenu, the IPS forced him to undergo three searches in the nude, without being suspected of carrying anything. The first search was carried out when the prisoner was transferred from prison to Talmon Prison, and was forced to search his body naked. When he asked to prevent the search by explaining to the prison guard that the procedure was contrary to the law, his request was denied and the search was carried out.
After about six months, the prisoner was taken to a Supreme Court hearing where, he claims, he was searched again naked by a guard from the Nachshon unit, after he threatened him that if he opposed the search, he would be forcibly stripped.
When the prisoner was in Rimonim Prison, he was transferred to another wing, and he claims that at the entrance to the wing he was searched naked for the third time. When he tried to explain to the current jailer that the search was against the law, he responded with threats and words: “That’s what there is and let’s take off your underwear.”
“In the absence of any basis for the possibility that the prisoner will bring prohibited items into the prison, in any event, conducting a visual search, while the prisoner is naked and stripped of all his clothes, is prohibited.”
The lawsuit adds, the court also stated that the courts have repeatedly ruled that naked searches are carried out without authority, but the IPS continues to do so routinely, when the prison guards are not aware of or can carry out the legal procedures.
In respect of each of these searches that occurred according to the plaintiff’s claim, the Israel Prison Service was sued for a total sum of NIS 30,000.
In the discussions that took place until the compromise agreement was reached, the IPS admitted that in one of the three searches the plaintiff claimed and in the compromise between the parties it was decided that the prisoner would be compensated for NIS 8,000.
Attorney Bleicher of the Honenu, who represented the prisoner in the suit, said in response: “We are looking forward to the future as in cases where there is no reason for suspect, – there is no reason to carry out such search and the IPS must maintain their dignity. We hope that the outcome of the verdict will be studied for the future”.
(YWN – Israel Desk, Jerusalem)