Rules of Searching Visitors of Prisons and other Detention Facilities According to the Precedents of the Egyptian Court of Cassation

This paper focuses on the rules applicable to the search of visitors entering prisons and other detention facilities, which is mainly regulated by Law No. 396/1956 on the Organization of Prisons and its amendments, which, inter alia, aims to prevent attempts to bring illicit items into prisons and other detention facilities.

This law and its regulations identify the persons authorized to search individuals entering detention facilities and specify the conditions under which they may search prisoners in prison or during the escort.

The aim of this paper is to explore the reasonable causes to suspect that a person in prison precincts is carrying contraband and therefore search this person or his/her belongings. Further, it indicates applicable law and the circumstances under which visitors to other detention facilities, e.g., police stations, may be searched before entering the visiting area.

It also shows the approach of courts towards the legal bases of that search. Thus, it presents applicable precedents of the Court of Cassation authorizing the search of visitors of police stations and similar facilities according to the rules of administrative voluntary search.

However, this paper distinguishes between applicable rules for the search of inmates and visitors. It also analyzes the different bases upon which the search of visitors to detention facilities is conducted, and proposes best practices thereof.

Finally, it refutes the exclusive reliance of some courts on the ‘Guidebook on the Applicable Procedures in Prisons’ for police officers, as it does not amount to the level of legislation. It concludes by proposing the proper legal framework that regulates all types of searches within prisons and other detention facilities.