COURT HOLDING CELLS Response: Immediately after the Joint Commission’s visit the Senate Administration announced that it would be getting rid of the open toilets. Female prisoners will be taken to separate toilets at their request. There are no fire alarms either in any of the corridors in the court holding section or in the cells. The President of the Local Court stated that this was due to the prisoners currently being free to smoke in the cells. He said that a general smoking ban appears problematic as far as procedural law is concerned with a view to prisoners’ ability to stand trial; given the low risk of fire in the holding cells there was no need to install smoke detectors, he said. Nevertheless, no final decision has yet been taken on the matter. In the view of the Joint Commission consideration should be given to the fact that it is not only the furnishings in a cell that represent a fire hazard but also prisoners’ clothing. For that reason it recommends installing fire protection systems as a matter of principle in those facilities which accommodate potentially excitable individuals for even just a short period of time. It should be examined to what extent account can be taken of factors influencing a person’s ability to stand trial by means of other suitable measures, for instance a smokers’ cell which is in full view from the judicial police constables’ office. Response: The recommendation has been passed on to the engineering firm commissioned with drawing up the fire protection concept. The competent security engineer has stated that installing fire alarms in the cells is not provided for under construction law and that this goes well beyond the required fire protection measures, since there are no fire loads to speak of. Since the concept for the new court holding section already includes a cell for prisoners with mental health issues and before prisoners can be placed in this cell they are subjected to a thorough search, all dangerous objects will be removed from their person and so additional measures are not necessary. The smokers’ cells will be located in a central area which police constables will in future be able to keep under particular observation at irregular intervals. The Joint Commission informed the Senate Administration that it nevertheless still had concerns. Fire protection provisions and the review of fire loads are not always based on the assumption that persons who are in a locked room cause a fire intentionally. This not only applies to those whose mental health issues are the reason for their being placed in a special detention room. Incidents linked to fires in detention rooms which have occurred in recent years show that the potential risk needs to be especially carefully examined. Even when prisoners are carefully monitored they can still smuggle lighters or matches, for instance, into the cell even if they are non-smokers. A special cell for prisoners with mental health issues can indeed help to reduce the risk of self-harm. Nevertheless, the Joint Commission assumes that it is not only those who already have obvious mental health issues who may act unpredictably, particularly in the especially stressful situation prior to court proceedings or after they learn the outcome of the proceedings, which they may possibly regard as unjust. Even prisoners whose conduct has so far been normal may also be at risk of causing a fire. Name and number badges increase transparency in dealings between staff and prisoners. The Joint Commission therefore welcomes the fact that the judicial authorities plan to issue judicial police officers with number badges. Response: Berlin-Tiergarten Local Court is currently drawing up corresponding regulations and is examining the technical preconditions. 86