Body Searches

China's Constitution provides that it is prohibited to illegally search a citizen's body, and to illegally search or intrude into citizens' houses. The Law of Criminal Procedure provides that in order to search for criminal evidence and seize criminals, public security organs can search the body, articles, residence and other places concerned of the accused as well as those who may hide criminals or criminal evidence, but should do it strictly according to legal procedure. Pro-curatorial organs should strictly supervise law enforcement in the investigating activities of public security organs.

As a matter of principle and discipline for China's public security and judicial organs in handling cases, it is strictly prohibited to extort confessions by torture. Whenever a case of violating this principle and discipline occurs, it should be dealt with according to law. In 1990, China's pro-curatorial organs filed for investigation 472 cases which involved extorting confessions by torture. This has not only protected citizens' personal rights effectively, but also taught law enforcement officials a lesson.

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 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 against the privacy and dignity rights.