3 – FEDERAL AND LAND POLICE
following a shift change-over whenever the
relevant
information
has
not
been
communicated for any specific reason. If a
person was not instructed about their rights
when they were brought into custody, this must
be done at a later point in time.
3.1 – FURNISHING AND FITTINGS,
CONDITIONS IN CUSTODY CELLS
The conditions in police custody cells,
including furnishings and fittings, must uphold
the human dignity of detainees. Every custody
cell should be equipped with a smoke detector,
an emergency button, adjustable lighting, a nonflammable, washable mattress, a blanket and a
pillow. Where a custody cell is only equipped
with a low bed, it should have additional seating
at standard height.
3.3 – STRIP-SEARCHES
Strip-searches involving a visual inspection of
the prisoner's genital area represent a severe
interference with the prisoner's general right of
17
personality. It should therefore be decided on a
case-by-case basis whether there are indications
of a danger to public security and order that
would justify a strip-search. Any such measures
18
must adhere to the principle of proportionality.
To ensure the protection of persons placed in
custody in the event of a fire, all custody cells
must be equipped with a smoke detector.
In addition, it must be possible for persons
deprived of their liberty to call for attention
through an emergency button. It must be
guaranteed that the alarm system is working.
This should be checked before each occupancy
of a custody cell.
If a strip-search is carried out, the reasons for
this should be documented in a clear and
comprehensible manner. Furthermore, the
search should be conducted as respectfully as
possible, for example involving two stages where
half the body remains dressed in each stage.
It should be possible to adjust the lighting in
custody cells to ensure that persons taken into
custody are able to sleep, while at the same time
reducing the risk of injury and enabling
detainees to find their way in the dark.
3.4 – VISIBILITY OF CUSTODY CELLS
It must not be possible for third persons to
look inside a custody cell.
Every custody cell should receive natural light,
including those intended for short-term custody.
Furthermore, a suitable room temperature
should be ensured in custody cells.
3.5 – VISIBILITY OF TOILETS
Staff members should indicate their presence
in a suitable manner before looking through a
peephole, especially if the toilet in a custody cell
is not partitioned off. The person in the cell
might be using the toilet and should be given the
opportunity to indicate this.
3.2 – INSTRUCTION ABOUT RIGHTS
Each and every person deprived of their liberty
must be informed of their rights, immediately
and without exception. To this end, forms
containing all the relevant information should be
available in various languages. They must at the
very least include information about the fact that
anyone who is taken into custody has the right to
be examined by a doctor, to consult a lawyer, to
notify a trusted third party and, where
applicable, inform the consulate of their home
country. It should be documented in the police
custody record book that the person taken into
custody has been instructed about their rights so
that it is immediately clear to staff members
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. Unrestricted
monitoring of the custody cell should only be
permitted in carefully assessed, substantiated
17
Federal Constitutional Court, order of 05/03/2015, file no.:
2 BvR 746/13, margin no. 33
18
Cologne Administrative Court, 25/11/2015, file no. 20 K
2624/14, juris margin no. 115 et seqq.
24
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