29 decision is required. The measure should be discussed with the detainee concerned 30 afterwards. The detainee should also be informed after the measure of the possibility to have a court review the permissibility of the 31 restraint procedure. 5.9 – MULTIPLE-OCCUPANCY CELLS According to the case law of the German 32 Federal Constitutional Court , prison cells accommodating more than one person must have a completely separate toilet with separate ventilation. Multiple-occupancy without such a separation constitutes a violation of human dignity. Written reasons should be given for every instance of physical restraint. This should include documentation of which less restrictive measures had been tried in advance and why these failed. 5.10 – USE OF SEGREGATION UNITS In addition to the specially secured cells containing no dangerous objects, facilities may also have segregation units with similar furnishings and fittings. In such cases, the same detention conditions must be applied as for the specially secured cells. Furthermore, comprehensive documenting must be carried out, in line with procedures for specially secured cells. 5.7 – CELL SIZE In order for detention conditions to be humane, a single-occupancy cell must have a floor space of at least six square metres, excluding the sanitary area. In cases where the sanitary area is not partitioned, approximately one further square metre should be added for that area, giving a total floor space of at least seven square metres. For multiple-occupancy, a further four square metres of floor space must be added to this figure for each additional person, excluding the sanitary area. 5.11 – RESPECTFUL TREATMENT Detainees should be treated respectfully. This includes staff indicating their presence in a suitable manner before entering the prison cell, and speaking to detainees using polite forms of address. 5.8 – CCTV MONITORING CCTV monitoring in prisons should only be conducted in individual cases where this is imperative to protect 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. It should be possible for the person concerned to discern whether the camera is running. 5.12 – PEEPHOLES With the exception of observation rooms, peepholes should be made opaque in order to protect the privacy of the detainees. Should peepholes be deemed necessary in substantiated individual cases, staff members should make themselves heard before looking through the peephole. 5.13 – INTERPRETATION DURING MEDICAL CONSULTATIONS 29 Federal Constitutional Court, judgment of 24/07/2018, file no.: 2 BvR 502/16, margin no. 69 30 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). 31 Federal Constitutional Court, judgment of 24/07/2018, file no.: 2 BvR 502/16, margin no. 85 Confidentiality must be assured for medical consultations, which are subject to medical secrecy. Furthermore, it must be ensured, where necessary, that technical terms and subject matter are adequately translated into the other language. In case of communication difficulties, 32 Federal Constitutional Court, order of 22/02/2011, file no.: 1 BvR 409/09, margin no. 30 29

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