71
Even in cases where an individual is held in a
multi-occupancy cell for just a short period of
time, it must be ensured that they have enough
space to sit down and walk around a little.
According to the National Agency’s standards,
police custody cells must always have a floor
space of at least 3.5 square metres for every
person. Facing walls must be separated by a
distance of at least two metres, and the ceiling
must be considerably higher than two metres.
This represents an absolute minimum
requirement.
required. The measure must be documented
72
comprehensively.
The person concerned
should be informed after the measure of the
possibility to have a court review the
73
permissibility of the restraint procedure.
Furthermore, it is the view of the National
Agency that physical restraints should only be
applied using a strap-based system.
The Federal police and the Land police stations
of several Federal Länder no longer permit the
application of physical restraint in police
custody. At these stations, individuals who the
police believe require physical restraint are
transferred to psychiatric clinics. In its latest
report on its visit to Germany, the CPT also calls
upon the police authorities to put an end to the
74
practice of physical restraint.
3.2.9 – CCTV monitoring
At police stations in North Rhine-Westphalia
and Berlin, prison cells were frequently subject
to continuous CCTV monitoring. There was
nothing in the cells to indicate that monitoring
was taking place, and it was not clear whether
the camera was running.
3.2.7 – Custody documentation
Custody documentation at many Federal and
Land police stations was inadequate. In one case,
the custody records were not kept on site, but
were rather kept exclusively at the superior
agency. At several stations, there was incomplete
documentation of the instruction on rights
provided to persons taken into custody. In other
cases, decisions to carry out a strip-search, as
well as the justification for these decisions, were
generally not documented. There were no
regular checks of the custody record book by
senior officers.
CCTV monitoring should only be used in
police stations in individual cases where it is
imperative for the protection of the person
concerned. The reasons for the use of CCTV
monitoring should be documented. In addition,
the person concerned must be informed that
monitoring is taking place. The mere fact that
the camera is visible is not sufficient.
Furthermore, it should be possible for the
person concerned to discern whether the camera
is running.
All detention-related information must be fully
documented and available on site. Senior officers
should check at regular intervals whether the
documentation is complete. These checks
should also be recorded.
3.2.10 – Multiple occupancy of custody cells
with non-partitioned toilets
At a police station in North RhineWestphalia, the toilet in one multi-occupancy
cell was not fully partitioned and did not have
separate ventilation.
3.2.8 – Size of custody cells
In order to ensure humane detention
conditions, it is imperative that custody cells
accommodating more than one person have a
fully partitioned toilet with separate ventilation.
Furthermore, according to past decisions of the
Federal Constitutional Court, the placement of
several prisoners in a single cell without a
partitioned toilet and separate ventilation
75
represents a violation of human dignity.
The custody suite of one police station in
North Rhine-Westphalia included a multioccupancy cell with a floor space of 18 square
metres. The officers present did not know how
many people were permitted to be held in this
room.
71
Ibid., margin no. 69
Ibid., margin no. 84
Ibid., margin no. 85
74
CPT/Inf (2017) 13, margin no. 33
72
73
75
Federal Constitutional Court, order of 22/02/2011, file no.: 1
BvR 409/09, margin no. 30
63
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