VISITS BY THE FEDERAL AGENCY Visibility of toilets The Federal Agency believes that the fact that the toilet area in custody rooms is in full view violates a person’s privacy. Human dignity demands that privacy in the performance of bodily needs must always be guaranteed. An exception can at most be considered admissible in a well-founded and documented situation involving an acute risk of suicide or selfharm. Sanitary facilities must at least be partially shielded. The Federal Agency recommends taking measures to protect detainees’ privacy. Response: Protection of the physical integrity of those in custody is of the utmost importance. That is why the whole of the inspected detention rooms is visible from the outside. Possibilities for fitting a partial privacy shield so as to fulfil the right to protection of privacy when performing bodily needs are currently being examined. As well as preventing self-harm and suicidal acts, attention also has to be paid to protection against vandalism. As soon as an adequate solution has been found the Federal Authority for Real Property will be tasked with implementing this measure. Response: Custody Regulations entered into force for the Federal Customs Authority by decree of 17 June 2013; the Customs Criminological Office was tasked with giving notice thereof. Notification will shortly be given of the Custody Regulations, including the new custody record book. Custody record book The custody record book must be kept so that all the relevant circumstances (e.g. checking times) can be reviewed at any time. It should be possible to read and understand the custody record book without the need to consult other documents. The customs offices’ practice of noting checking times in a separate document is not recommended, especially since the retention times for the different types of documentation vary. There is a risk that when a legal review is carried out at a later date it will not be possible to establish whether and how often the required checks were carried out by staff. Response: The recommendation that checking times be included in the custody record book will be enforced when the new custody record book is introduced. The new custody record book will document all those facts which are of relevance to admission and the enforcement of custody, the measures carried out, including the outcome and other incidents connected with those taken into custody, as well as release from custody. Checking times will be included. The custody record books must be retained for five years. This guarantees that if a legal review is conducted at a later date it will be possible to reliably trace back all the incidents and measures pertaining to the person taken into custody. Custody regulations The Federal Agency believes that custody regulations should be issued which are binding on all customs authorities who detain persons within their jurisdiction. 39