5 – PRISON SYSTEM be using the toilet and should be given the opportunity to indicate this. 5.1 – CLOTHING WORN IN SPECIALLY SECURED CELLS CCTV cameras must be fitted in such a way that the toilet area is either not visible on the monitor at all or, alternatively, is only shown in the form of pixelated images. If deemed necessary in individual cases, it may be possible to permit unrestricted monitoring of detainees held in specially secured cells due to an acute danger of self-harm or suicide. However, any such decision should be carefully considered, substantiated and documented. If a toilet area is indeed covered by CCTV monitoring and is not pixelated, only persons of the same sex as the detainee should carry out the monitoring. When detained in a specially secured cell containing no dangerous objects, prisoners should be given at least a pair of paper underwear and a paper shirt to wear. 5.2 – STRIP-SEARCHES According to the Federal Constitutional Court, strip-searches involving a visual inspection of the prisoner's genital area represent a severe interference with the 26 prisoner's general right of personality. It is not permissible to carry out strip-searches routinely 27 and without case-specific suspicions. To satisfy this requirement, general strip-search orders must allow for exceptions if the principle of proportionality so demands. Staff must be made aware that in individual cases it may not be necessary for the prisoner to undress fully. 5.5 – SOLITARY CONFINEMENT To mitigate the negative impact of solitary confinement on mental and physical health, detainees should be provided with sufficient opportunities for human contact (e.g. extended visiting times) and to engage in meaningful activities. Those placed in solitary confinement are also to be seen regularly by a psychiatrist or psychologist. This should take place in a suitable and confidential environment. If it is indeed necessary that the prisoner undress fully, then the search should be conducted in a respectful procedure, for example involving two stages where half the body remains dressed in each stage. 5.6 – PHYSICAL RESTRAINT 5.3 – SHOWERS 28 The use of physical restraints is only to be ordered as a last resort, on the basis of clear and precisely defined criteria, and for the shortest possible period of time. To minimise the risk of physical harm, restraints should be applied using a strap-based system. Persons being physically restrained should, at the very least, be given paper underwear and a paper shirt to wear in order to protect their sense of modesty. The prisoner must also be checked on regularly by a doctor. Persons under physical restraint must also be observed continuously and personally by therapeutic or care staff who are in direct proximity to the detainee (one-on-one supervision). For any physical restraint applied for more than just a short period of time, a court Persons who have been deprived of their liberty should be given the opportunity to shower alone if they wish to do so. At least one shower should be partitioned off in communal shower rooms. 5.4 – VISIBILITY OF TOILETS Staff members should indicate their presence before entering a cell, especially if the toilet is not partitioned off. The person in the cell might 26 Federal Constitutional Court, judgment of 5/03/2015, file no.: 2 BvR 746/13, juris margin no. 33–35 27 Federal Constitutional Court, judgment of 10/07/2013, file no.: 2 BvR 2815/11, margin no. 16, with reference to ECHR, van der Ven v. the Netherlands, judgment of 4/2/2003, Application no. 50901/99, § 62 28 28 See part III. 2.5 – “Physical restraint”

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