inspection of the genital area upon entering
police custody. A case-by-case examination was
generally not carried out.
the same sex as the detainee should carry out the
monitoring.
Strip-searches constitute a serious interference
64
with general rights of 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 must adhere to
65
the principle of proportionality. If a stripsearch 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.
3.2.5 – Shackles
At a Land police station in Thuringia, a
“bodycuff” restraint system with metal handcuffs
was used to shackle individuals in custody. The
use of metal or plastic handcuffs can result in
haematomas or compressed nerves.
In order to protect the right to physical
integrity, any shackling in custody should be
66
carried out using textile hand restraint belts.
3.2.6 – Physical restraint
Land police stations in several Federal Länder
67
still carry out measures of physical restraint. At
one station in North Rhine-Westphalia,
individuals are bound to holes in the beds and on
the wall using metal handcuffs. While
continuous CCTV monitoring was in place,
continuous personal supervision was not. From
this position, the person under physical restraint
was unable to reach the emergency call button.
3.2.4 – Visibility of toilets
Custody cell doors at the Land police stations
had peepholes through which the nonpartitioned toilets were visible. Staff did not
knock before looking through the peephole.
Furthermore, the CCTV monitoring in some of
the cells also covered the toilet area.
Physical restraints should not be applied in
police stations. According to the Federal
Constitutional Court’s judgment of 24 July 2018,
the application of physical restraint constitutes a
serious interference with the right to freedom of
the person (Article 2 (2) sentence 2 in
conjunction with Article 104 of the Basic Law)
68
and also poses a serious risk of injury. For this
reason, any restrictions of this right must be
based on a formal law which is sufficiently
precise and takes sufficient account of the
69
The measure
principle of proportionality.
must be ordered by a doctor and requires
monitoring. Furthermore, it must be ensured
that one-on-one supervision is provided by
70
therapeutic personnel or care staff. For any
physical restraint applied for more than just a
short period of time, a court decision is
The privacy of individuals held in police
custody must be protected. Monitoring an
individual while they are using the toilet
represents a considerable interference with their
rights of personality. 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.
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
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
66
An example of this can be seen in the model used by
FRONTEX during deportation flights.
67
See part III. 2.5 – “Physical restraint”
68
Federal Constitutional Court, judgment of 24/07/2018, file
no.: 2 BvR 309/15, 2 BvR 502/16, margin no. 83
69
Ibid., margin no. 76 et seq.
70
Ibid., margin no. 83
64
Federal Constitutional Court, order of 05/03/2015, file no.:
2 BvR 746/13, margin no. 33
65
Cologne Administrative Court, 25 November 2015, file no.
20 K 2624/14, juris margin no. 115 et seqq.
62
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