FEDERAL ARMED FORCES 2 – FEDERAL ARMED FORCES Land Thuringia Saarland Base Löberfeld Barracks, Erfurt Henne Barracks, Erfurt Friedenstein Barracks, Gotha Graf Haeseler Barracks, Lebach Graf Werder Barracks, Saarlouis that the fire alarms will be fitted in the detention rooms in Lebach and Saarlouis by March 2014. In the period under review the Federal Agency visited five Federal Armed Forces barracks. No-one was being held in detention (Arrest) during any of the Federal Agency’s visits. The suspension of compulsory military service in Germany in 2011 has led to a massive reduction in the number of people in detention enforced by the Federal Armed Forces. In addition, the structural reform has led to numerous detention facilities being closed. The Federal Agency therefore sent an enquiry to the Federal Ministry of Defence in which it asked to be sent figures on the number of detainees for 2013. Plans for future visits will be drawn up on the basis of these data. Visibility of toilets through peepholes The detention rooms at Henne Barracks and Friedensstein Barracks, as well as the specially secured detention room in the Graf Werder Barracks have a toilet which is fully visible through a peephole. Human dignity demands that privacy in the performance of bodily needs must always be guaranteed. The visibility of the toilet area though a peephole should be restricted by, for example, affixing a rubber cover in order to protect the privacy of detained soldiers. An exception can at most be considered admissible in a well-founded and documented situation involving an acute risk of suicide or self-harm. Response: Each detention facility of the Federal Armed Forces must have a specially secured detention room (“besonders gesicherter Arrestraum”). This specific detention room is used to hold soldiers who have violated regulations pertaining to detention or who endanger their own safety. Soldiers are detained in the room only temporarily, generally no longer than 24 hours. That is why different structural requirements are made of the specially secured detention room than of other detention rooms. These include the use of a wide-angle peephole so as to be able to monitor the entire room. The use of a wide-angle peephole in the specially secured detention room in the Graf Werder Barracks conforms to regulations. 2.1 – POSITIVE FINDINGS The Federal Agency is pleased to note that the current version of the regulations applicable to the Federal Armed Forces (Joint Service Regulation 14/10) as amended in July 2013 now also contain a reference to the right to unrestricted visits by members of the Federal Agency, of the CPT and of the SPT. Based on a previous recommendation of the Federal Agency, the information leaflet containing key provisions of the regulations (Annex 6/1 to Joint Service Regulation 14/10) has been amended to include a reference to the right to make contact with and to receive a visit from a legal advisor. 2.2 – RECOMMENDATIONS OF THE FEDERAL AGENCY AND RESPONSE OF THE FEDERAL MINISTRY OF DEFENCE Night lighting In the reporting year 2012 the Federal Agency had already recommended fitting all detention rooms with night lighting. The objective was to help detained soldiers find their way around the detention room at night. The Federal Ministry of Defence declined to 19 follow the Federal Agency’s recommendation. It made reference, amongst other things, to the fact that the improper use of electricity could pose a danger to others and to the detained soldier. In addition, the Ministry said, this would frustrate both the intended Fire protection The Federal Agency once again pointed out the need for fire alarms in the Federal Armed Force’s detention rooms. Response: Retrofitting has in some cases been completed, in some cases it is still ongoing. The Ministry has determined how many smoke detectors need to be installed in the Federal Armed Force’s detention facilities and the prescribed procedure for fitting them has been initiated. It is envisaged 19 40 National Agency, Annual Report 2012, p. 34 (English version)

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