POLICE STATIONS
rights. According to the Police Custody Regulations, the
times of the checks on detainees must be recorded. There are
plans to revise the Police Custody Regulations this year. The
suggestions made by the Joint Commission, in particular as
regards standardising and examining the available
information about legal rights across Baden-Württemberg,
will be addressed.
The Joint Commission welcomes the fact that
detention rooms are inspected every one to two hours
at Konstanz Police Station when they are occupied.
At Singen and Friedrichshafen police stations checks
are carried out at considerably longer and irregular
intervals. For example, in one case in Singen the
following was noted in the custody record book:
Booked in at 8.40 pm, first recorded check at 4.05 am.
This not only represents a risk for the detainee, but
also exposes police officers to unnecessary liability. In
line with No. 4.3 of the Baden-Württemberg Police
Custody Regulations, fixed times for checks should
also be introduced in Friedrichshafen and Singen, and
these should be recorded in the custody record book.
Regular checks of the custody record books should
include checking whether these times are being
observed and the records are being properly kept.
The Joint Commission feels that it is problematic
that all the police stations at times only have one
police officer on duty. When checking detainees or in
the event of an emergency, a patrol has to be called in
so that two officers are on hand to enter the detention
room. In an emergency the ensuing delay can put
detainees in considerable danger.
Response: The frequency and times of the checks are
based on the circumstances of each individual case. The
intervals should be no longer than two hours and should be
guaranteed by allocating the officers on duty accordingly. In
exceptional cases in which a delay, for example by having to
call in a patrol car, would lead to the person in custody being
at concrete risk, the police officers on duty must immediately
initiate the necessary measures. The police stations will
again be notified that they must observe the relevant
guidelines.
to the supervising police officer and to two police
officers on duty.
2.4.1 – Positive observations
The custody suite at Reutershagen Police Station
was very clean and in perfect condition.
According to the deputy supervising officer, the
police station disburses the costs arising when the
doctor examines detainees in advance, which ensures
that health care provision is guaranteed at all times.
In addition, the Joint Commission is pleased to note
that Reutershagen Police Station does not use
Fixierung.
2.4.2 – Recommendations of the Joint
Commission and response of the Ministry of the
Interior and Sports of Mecklenburg-Western
Pomerania
The Joint Commission would like to point out the
need to immediately inform detainees about their
legal rights when they are taken into custody under
police law. The right to notify relatives and to consult
a doctor or legal counsel is of particular importance in
41
this context. The CPT is of the same opinion.
The Joint Commission was informed that those
taken into custody under police law are only informed
about their rights orally by the police officer booking
them in. There is no written information sheet and
the fact that information is given orally is not
recorded. It is therefore not possible to check
whether a person has in fact been informed about
their rights or not. It would be worth considering
laying down the obligation to inform detainees of
their rights and the written documentation thereof in
the relevant statutory provisions.
The Joint Commission also recommends using
information sheets to inform detainees about their
rights in brief, summary form, as is standard practice
in other Länder. These forms should be available in all
commonly spoken languages, in the same way as forms
required in accordance with the Code of Criminal
Procedure. Where the state a person is in precludes
their being informed about their rights at the start of
their period in custody, this could possibly be done at
a later point in time. This fact should also be recorded
in the custody record book.
Response: Pursuant to section 56 (1) of the Act on Public
Safety and Order of Mecklenburg-Western Pomerania, a
detainee (in custody, compulsory detention or in prison) must
be informed of the reason for the measure and admissible
legal remedies. In Mecklenburg-Western Pomerania,
detainees are informed of their rights orally.
2.4 – REUTERSHAGEN POLICE STATION
The Joint Commission visited Reutershagen Police
Station in Rostock on 8 August 2013. It has 10 single
cells and a new central holding place, which will be
taken into operation in 2015. A total of 892 people
were taken into custody in 2012. No-one was being
held in custody at the time of the visit.
The Joint Commission inspected the custody suite
in the police station, together with the doctor’s
examination room and the sanitary facilities, and it
was given access to the custody record book. It talked
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Cf. CPT/Inf/E (2002) 1 - Rev. 2013, p. 10
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