POLICE STATIONS
that the screen linked to those detention rooms fitted
with CCTV cameras is located between other
surveillance screens at the central communications
table. The Joint Commission fears that officers will
not always be aware of situations playing out on the
screen. It was even reported at Heidelberg South
Police Station that when few staff are on duty and
because the custody suite is in the basement, instead
of being checked in person the detention rooms are
sometimes monitored using the CCTV cameras and
intercoms. The Joint Commission pointed out that
video surveillance can on no account be a substitute
for regular, direct checks, and that it could at most be
38
used as an additional measure.
Response: The officers will once more be instructed that
they must inform detainees when CCTV surveillance is in
operation. In addition, pictogrammes will be procured and
those signs that have already been acquired affixed to the
doors to the detention rooms.
The detention rooms in both Heidelberg City
Centre and Heidelberg South police stations are in
the basement and need to be accessed through a
number of doors. Those in police custody can only
draw attention to themselves via an intercom or when
checks are carried out. In view of this, the Joint
Commission would like to point out that the intercom
system must be checked at regular intervals to ensure
that it is still functioning properly and that these
checks should be recorded.
The CPT had already recommended on the
occasion of its visit to Heidelberg City Centre Police
Station in 2005 that custody suites should be equipped
39
with mattresses. Nevertheless, none of the facilities
visited had in the meantime acquired flame-resistant,
washable mattresses.
Response: The Ministry of the Interior has recommended
that the police stations acquire suitable mattresses for
detention rooms as their respective budgets permit.
There is no standard practice when it comes to
informing detainees about their rights. The officers at
Mannheim East Police Station said that in the case of
custody enforced under the Police Act they generally
only informed detainees orally and that an interpreter
was not always called in. The fact that information
about rights has been given is only recorded in writing
in the case of major incidents by the service which is
then established. Mannheim City Centre Police
Station, by contrast, reported that officers regularly
use a form to give information about rights in writing.
Information was also given by the arresting officers
and an entry made in the files. Where the person
concerned was handed over to a detention facility, the
facility was not informed whether the person had
actually been given information about rights or not,
since officers could not access the entry. That is why
rules on the provision of information about rights
should be standardised and legal instructions handed
out as soon as possible and always in writing.
Information regarding the right to notify relatives, to
legal advice and to see a doctor should be included.
Corresponding forms should be available in the same
languages as the forms required under the Code of
Criminal Procedure. All those officers dealing with
persons taken into custody should be able to
understand the information about legal rights given to
those in custody.
Despite the detailed rules set out in No. 1.4 of the
Police Custody Regulations, no standardised
procedure was adopted regarding the custody record
books kept in the police stations. At Heidelberg
South Police Station the checks were not always
recorded in the custody record book. In some cases
entries were not made for several hours or it could
only be deduced from other entries that a doctor had
in the meantime visited the person in question.
Further, the Joint Commission noted at both police
stations in Heidelberg that doctors’ examinations
were sometimes recorded in the custody record
books, sometimes in the case files. In addition, there
was disagreement regarding whether the fact that
information about rights had been given was to be
recorded on paper or electronically. In none of the
police stations did the officers sign that they had
carried out the checks. It should, therefore, be
examined whether these shortcomings should, for
example, be remedied by having supervising officers
regularly check the custody record books and indicate
when errors have been made.
Response: The police stations’ attention will be drawn to
the fact that they must uniformly apply the provisions under
section 28 (2) of the Police Act and in the Police Custody
Regulations, including detailed regulations regarding
information about rights and custody record books. Custody
records are regularly checked during shift change-overs by
the supervising police office taking over.
2.1.2 – Other suggestions by the Joint
Commission for improving the conditions of
detention and response of the Ministry of the
Interior of Baden-Württemberg
Mannheim East Police Station was in a bad state of
repair, i.e. both the custody suite and those areas
available to the officers. In some cases these did not
even meet the standards which the Joint Commission
applies to detention facilities. The Joint Commission
got the impression that the officers do not feel that
38
Cf. No. 4.3 of the Baden-Württemberg Police Custody
Regulations
39
CPT/Inf (2007) 18, margin no. 39
72
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