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
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