4 – JUVENILE PRISONS The National Agency visited Arnstadt Juvenile Prison in 2018. This was a follow-up visit. 4.2.2 – Visibility of toilets 4.1 – POSITIVE EXAMPLES The specially secured room is equipped with a non-partitioned toilet and is fully visible – unbeknownst to the prisoner being held there – through a glass wall covered with reflective foil. The National Agency made the following positive observation during its visit: Providing persons deprived of their liberty with humane conditions of detention also requires that measures be taken to protect their privacy. This also applies when they are placed in a specially secured room. If the toilet in a cell is not partitioned off, it should not be fully visible at all times. The person in the cell must be given the opportunity to indicate that they are currently using the toilet. 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. The cells at Arnstadt Juvenile Prison are equipped with a telephone. This means that the juvenile prisoners can call their predetermined authorised contacts at any time. 4.2 – FINDINGS AND RECOMMENDATIONS The visited facility was given recommendations on the following main topics: 4.2.1 – Strip-searches According to officers, all prisoners were stripsearched without exception upon admission to the facility. According to the Federal Constitutional Court, strip-searches involving a visual inspection of the prisoner's genital area represent a severe interference with the 80 prisoner's general right of personality. They must not be carried out “routinely or 81 independently of case-specific suspicions”. To satisfy this requirement, general strip-search orders must allow for exceptions if the principle 82 of proportionality so demands. Staff must be made aware that in individual cases it may not be necessary for the prisoner to undress fully. It is also recommended that the search be conducted in a respectful procedure, for example involving two stages where half the body remains dressed in each stage. 4.2.3 – Staff During its visit, the delegation was informed of the tense staffing situation at the juvenile prison. Furthermore, it was stated that the promotion prospects of prison staff in the Land of Thuringia – which were regarded as being low – had a negative impact on job satisfaction. Overworked and dissatisfied staff can have a negative impact on the treatment of persons deprived of their liberty. Staff shortages, for instance, can sometimes lead to a reduction in prisoners’ exercise time. However, because physical exercise not only helps prisoners to stay healthy but also has the potential to improve their social conduct, it should be encouraged in 83 all circumstances. Moreover, a tense staffing situation can impact prison security. 80 Federal Constitutional Court, 05/03/2015, file no: 2 BvR 746/13, juris margin no. 33 81 Federal Constitutional Court, 10/07/2013, file no: 2 BvR 2815/11, margin no. 16, with reference to ECHR, van der Ven v. the Netherlands, judgment of 04/02/2003, Application no. 50901/99, margin no. 62 82 Federal Constitutional Court, judgment of 10/07/2013, file no.: 2 BvR 2815/11, margin no. 19 4.2.4 – Respectful treatment During its visit to the juvenile prison, the National Agency observed that staff did not 83 Arloth/Krä, “StVollzG-Kommentar” [Commentary on the Prison Act], 4th Edition, section 67 StVollzG, margin no. 4 66