and clearly documented individual cases where
there is an acute danger of self-harm or suicide.
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.
informed after the measure of the possibility to
have a court review the permissibility of the
23
restraint procedure.
3.8 – CUSTODY DOCUMENTATION
Custody documentation at police stations
should be clear and comprehensible. This serves
to protect those being held in custody, as well as
the responsible staff members.
3.6 – SHACKLES
In contrast to physical restraint, “shackling”, in
the National Agency’s usage of the term, is the
restriction of movement by tying together arms
or legs, or by tying them to an object.
The following details should be documented:
The detainee’s personal details
When the deprivation of liberty began
The staff members responsible for taking
the person concerned into custody and for
supervising them during custody
The health condition of the person
concerned
Whether the person was informed of their
rights
Whether the person was informed of the
reason for the deprivation of liberty
Whether a judicial order had been
obtained
If a strip-search was conducted, the
reasons for this
The name of the staff member conducting
the strip-search
The times of checks, including the initials
of the responsible staff member
The time and type of meals
The removal and subsequent return of
personal objects
The time of release
If it was not possible to inform the
persons concerned of their rights when
they were brought into custody, it should
be documented whether this was done at
the latest by the time they were released.
Senior officers should check at regular intervals
whether the documentation is complete. These
checks should be recorded.
Tying persons to the wall or to other objects
violates their human dignity and must be
avoided without exception.
In order to protect the right to physical
integrity, any shackling in custody should be
19
carried out using textile hand restraint belts ,
which should be kept in stock at all times.
3.7 – PHYSICAL RESTRAINT
20
Physical restraints should not be applied in
police stations. The use of physical restraint
constitutes a serious interference with a person’s
liberty, and also presents a serious risk of injury.
Physical restraints must therefore be subject to
special requirements such as the appropriate and
correct application of a strap-based system. 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
21
decision is required. The measure should be
discussed with the detainee concerned
22
afterwards. The detainee should also be
19
An example of this can be seen in the model used by
FRONTEX during deportation flights
20
See part III. 2.5 – “Physical restraint”
21
Federal Constitutional Court, judgment of 24/07/2018, file
no.: 2 BvR 502/16, margin no. 69
22
DGPPN [German Society for Psychiatry and
Psychotherapy] (2018): “S3-Leitlinie: Verhinderung von Zwang:
Prävention und Therapie aggressiven Verhaltens bei
Erwachsenen.” URL:
https://www.dgppn.de/_Resources/Persistent/154528053e2d1
464d9788c0b2d298ee4a9d1cca3/S3%20LL%20Verhinderung
%20von%20Zwang%20LANG%2BLITERATUR%20FIN
AL%2010.9.2018.pdf (last retrieved on 27/02/2019).
23
Federal Constitutional Court, judgment of 24/07/2018, file
no.: 2 BvR 502/16, margin no. 85
25
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