VISITS BY THE JOINT COMMISSION 2.3.1 – Positive findings visited. They are also handed these legal instructions in writing. According to police officers, those who are under the influence of alcohol or drugs and who are not responsive are not informed about their rights or if this is not possible due to language difficulties. In the latter case, attempts are made to call in a professional interpreter, but this is not always possible, particularly at night. As a result, these people are not informed about their rights. In Konstanz the Joint Commission was also informed that detainees were never subsequently informed about their rights, whilst police officers in Singen and Friedrichshafen stated that they also give information, where necessary, when a person is released. The manner in which the fact that someone has been informed about their rights is recorded in the custody record books does not appear adequate in Konstanz and Singen. For example, it is only possible to tick a box to indicate whether someone has been informed about their rights or not. If the “no” box is ticked, it is not possible to indicate why that information was not given. Also, no provision is made for noting that information was subsequently given, for example upon that person’s release. The custody records at Friedrichshafen Police Station, by contrast, contain a field “Information about the right to notify given“ and “Information on legal rights subsequently given”. Nevertheless, it is not possible to indicate why, in an individual case, it was not possible to give this information. Further, in several cases in all the police stations visited neither “yes” nor “no” had been ticked. Information about legal rights should be handed to the person concerned as soon as possible and always in writing. Information about the right to notify relatives and a legal advisor and to be examined by a doctor should also be included. Relevant documents should be available in the same languages as the forms required in accordance with the Code of Criminal Procedure. It would be useful if it were not possible to complete a custody procedure in “ComVor” unless the forms regarding the provision of information about legal rights have been processed. Response: In accordance with the Police Custody Regulations, detainees must be immediately informed of the reason for their being taken into custody and permissible appeals in a generally comprehensible form and, if necessary, the obligation regarding the provision of information and information about legal rights and notification must be observed. The relevant templates and forms currently available in “ComVor” are easy to find and user-friendly. When the system was introduced it was decided that the forms regarding information about legal rights were to be made available via the intranet in all commonly spoken languages. Where necessary, an interpreter must be called in to assist in informing the person concerned about their legal Checks are noted in the custody record books in all the police stations along with the name of the officer doing the round. All those officers the Joint Commission met during its visits make every effort to be of as much help to detainees as possible. Where possible, they accompany them outside so that they can smoke, for example. In addition, all the facilities can provide those who have no money with food which is delivered either from local prisons or, in the case of Friedrichshafen Police Station, from an old people’s home which is nearby. The Joint Commission welcomes the fact that all the detention rooms are fitted with dimmable night lighting and that Friedrichshafen Police Station even has a light which permits those in custody to sleep as well as read. 2.3.2 – Recommendations of the Joint Commission and response of the Ministry of Justice of Baden-Württemberg Friedrichshafen Police Station does not have fire alarms fitted in its detention rooms. These should be retrofitted. The Joint Commission would like to point out that detention rooms like the ones in Konstanz and Singen do not have natural light and are therefore not suitable for longer periods of detention. Mattresses are available in all the detention rooms in Friedrichshafen Police Station. In Konstanz and Singen, by contrast, no mattresses were available. The Joint Commission recommends acquiring washable, flame-resistant mattresses for these police stations too. Response: Based on the recommendations made following the visits to the police stations in Mannheim and Heidelberg, police stations across Baden-Württemberg have been directed to immediately procure and provide mattresses, blankets and spare clothing. As regards the usability and functioning of intercoms, toilets, fire alarms and night lights, the police stations have been requested to check their detention rooms and – where this is not yet the case – to ensure the required standards are met at short notice. Since the police stations visited only accommodate people for a short period, there is not felt to be any acute need to take any action regarding daylight. All the detention rooms in the police stations in Singen and Konstanz are fitted with CCTV cameras which can be used for surveillance purposes but not 40 recording. Different practices are applied in the individual police stations as regards informing detainees about their rights. Those taken into custody are informed about their rights orally in all the police stations 40 See II.2 above 75