3.2.11 – Respectful treatment Furthermore, they should serve to increase confidence in the rule of law. During its visit to a Land police station in North Rhine-Westphalia, the National Agency observed officers addressing individuals in custody using the informal “du” form in German. Allegations against police officers should therefore be investigated by independent bodies. According to the case-law of the European Court of Human Rights, independence is considered to exist if there are no institutional or hierarchical connections between the investigating officers and the accused officers, and if it is guaranteed that the investigations are 77 fully independent in practice. Officers should speak to the individuals concerned using polite forms of address. 3.2.12 – Name badges In several police stations, the officers working in the custody area did not wear name badges. In addition, independent complaints offices must be created which, in the event of allegations of police misconduct, enable the most amicable resolution for the parties concerned through channels other than investigation bodies e.g. via mediation proceedings. Furthermore, these independent complaints offices must have extensive powers to establish the facts – as is the case for the Citizens’ Affairs Ombudsman of the Land of 78 Schleswig-Holstein. The National Agency recommends that name badges be worn on account of their preventive effect: by making it possible to identify officers, they can reduce the risk of abuse. Furthermore, a name badge allows the officers to be addressed personally by the person deprived of their liberty, which can have a positive effect on any interactions between them. 3.2.13 – Independent complaints and investigation office 3.2.14 – Confidentiality of conversations At the Federal Police, citizen complaints are dealt with by the public relations department of the relevant Federal police regional office. A separate internal complaints office, which reports directly to the President of the Federal Police, is responsible for handling complaints submitted by police officers outside of the official channels. At one Federal police station, all telephone calls by individuals in custody take place in the presence of police officers. Confidential conversations between the accused party and his/her lawyer are essential in order to mount an effective defence and must therefore be allowed to take place. Confidentiality should also be assured for conversations with doctors or relatives. Lower Saxony and Thuringia have police complaints offices within their interior ministries. In Thuringia, this office can be contacted by citizens. In Lower Saxony, the office can also be contacted by police officers. However, both bodies are only able to act as an 76 intermediary in discussions. The Land of North Rhine-Westphalia does not have an independent police complaints or investigation office. 3.2.15 – Weapons in custody In Federal and Land police stations, some officers carried firearms and pepper spray while bringing individuals into custody or inspecting the custody cells. Because of the risks involved, police officers should refrain from carrying weapons in the custody suite. This is stipulated by an internal Federal Police provision. Furthermore, due to A key element in preventing abuse by police officers is the detection, prosecution and punishment of police misconduct. Independent complaints and investigation offices should be perceived as unbiased points of contact by injured parties, witnesses and police officers. 77 Cf. inter alia ECHR, Kummer v. Czech Republic, judgment of 25/07/2013, Application no. 32133/11, margin no. 83; Eremiášova and Pechová v. Czech Republic, judgment of 16/02/2012, Application no. 23944/04, margin no. 135 78 Section 4 (1) of the Act on the Citizens’ Affairs Ombudsman and the Police Ombudsman [Bürger- und Polizeibeauftragtengesetz] 76 Töpfer, “Unabhängige Polizeibeschwerdestellen”, Bürgerrechte & Polizei/CILIP 116, July 2018, p. 76 64