PRISONS
Over the following weeks prison occupancy dropped further.
In August 2013 there were 70 prisoners in the prison on
average. There are plans to establish an additional wing
with 16 cells. Further, there are plans to build a new prison
in the region.
The windows in all the cells in Konstanz Prison are
fitted with opaque plexiglass. Although this glass lets
in the light, it does not allow prisoners to see out
through the window. In their meetings with the Joint
Commission prisoners themselves described this as
particularly stressful and they addressed the issue at
the meeting of the prisoner council on 20 February
2012.
Prisoners should have access to natural, unfiltered
49
light in their cell. Even if the situation in Konstanz
Prison, given its location in the middle of a residential
area, necessitates measures being taken to restrict
contact with the outside world and people in
neighbouring houses looking into the cells, attempts
should nevertheless be made to enable prisoners to see
out of their windows.
Response: There is no denying that the opaque glass is
very stressful for prisoners. Because the prison is situated in
the middle of the city very close to the neighbouring public
areas and adjacent premises, sight guards are nevertheless
necessary to prevent neighbours suffering noise pollution,
prisoners communicating with the outside world, which
compromises the procedure, and in particular dangerous
objects such as weapons and drugs being smuggled into the
prison. However, these sight guards will not be necessary in
the 16 new cells which are being created.
The Joint Commission recommends examining how
at least one shower per unit can be separated off in a
manner so that prisoners’ genital area is obscured
when they are showering. There do not appear to be
any security reasons which speak against this, since
this measure has already been implemented in other
prisons.
Response: Shower rooms are the most difficult rooms in
which to prevent violence amongst prisoners. That is why it
is not expedient to fix partitions which reduce visibility in
the shower room. Those very few prisoners who feel a sense
of shame when they have to shower in communal showers
can reasonably be expected to wear swimming trunks. In
particularly well-founded exceptional cases individual
prisoners are allowed to shower on their own.
The specially secured room has two doors which are
each fitted with peepholes. The toilet in the detention
room is in full view through the peephole in the door
on the right-hand side. In order to ensure prisoners’
privacy, the Joint Commission recommends that the
genital area should not be visible through the
peephole.
Response: The main purpose of the specially secured room
is to prevent those prisoners who are at extreme risk of
suicide from harming themselves. For that reason the toilet
area must also be fully visible through the peephole.
The house rules applicable to the various groups of
prisoners are only available in German. They should
be translated into those languages most commonly
spoken by prisoners in order to ensure that the rules
are understood as far as possible. This issue was also
addressed by prisoners through the prisoner council.
The list of institutions with whom prisoners may
communicate without their correspondence being
monitored (No. 6 of the house rules), should be
written in line with section 17 (3) of the Penal Code
Book II.
Response: After establishing the five books of the BadenWürttemberg Penal Code with the relevant administrative
provisions, the standardised information brochure for
prisoners now needs to be incorporated. There are plans to
have this translated into those languages spoken most
commonly by prisoners in the course of that work.
49
50
3.3.3 – Further suggestions by the Joint
Commission for improving the conditions of
detention and response of the Ministry of Justice
of Baden-Württemberg
On the day of the visit, Konstanz Prison, which has
a roll of 72, was holding 105 prisoners. This massive
overcrowding leads to cramped conditions of
detention, for example with cells being occupied by
three or four people. Overcrowding can become a
problem because common rooms, employment
opportunities and staffing levels are also not designed
to cope with the actual number of prisoners being
50
held. This structural overcrowding should therefore
be remedied as soon as possible.
Response: See response to the above recommendations.
At the time of the Joint Commission’s visit there
was no prisoner council in the facility, as the
elections had been unsuccessful. The Joint
Commission is aware of the difficulties in electing a
prisoner council in a prison enforcing short prison
sentences with a high throughput of prisoners. It
therefore welcomes the fact that the head of the
institution has informed the Joint Commission that
new elections are currently being organised and it
encourages the prison to continue regularly
promoting the formation of this body.
Response: It is often not possible to establish a prisoner
council. This is due exclusively to the lack of interest on the
part of prisoners serving short sentences, who are generally
not prepared to stand for election.
Cf. CPT/Inf/E (2002) 1 – Rev. 2010, p. 26 et seq.
82
Cf. also CPT/Inf/E (2002) 1 - Rev. 2010, p. 17, 22, 25
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