prisoners’ privacy. These included the use of
mouth swabs or a marker system. With these
procedures, it is no longer necessary to observe
the passing of the urine sample. In order to
respect human dignity, at least one alternative
method of drug testing should be available so
that prisoners can choose the method they find
to be the least intrusive.
have a court review the permissibility of the
90
restraint procedure. Furthermore, the measure
should be professionally discussed with the
person concerned afterwards, as this can lead to
a reduction in the frequency and duration of
91
measures involving deprivation of liberty.
5.2.6 – Cell size
Over-occupancy was frequently observed at
Leipzig Prison. Single-occupancy cells, for
example, were often occupied by two people.
Many of these cells had less than 10 square
metres of floor space, excluding the sanitary
area. Remand detainees were generally allocated
three hours of out-of-cell time, while sentenced
prisoners were permitted to leave their cells for
four hours.
5.2.5 – Physical restraint
The documentation on the application of
85
physical restraint at Leipzig Prison revealed
that the frequency of physical restraint and the
length of time for which it was applied were very
high compared to other prisons and psychiatric
clinics. Furthermore, the reasons for the doctor’s
decision to order physical restraint were not
comprehensible in some cases. On the form for
documenting the use of physical restraints, it
was neither necessary to specify the less severe
measures which had already been tried nor the
reason why these measures were unsuccessful.
The combination of undersized cells and
limited out-of-cell time leads to restrictive living
conditions that interfere with the human dignity
of the persons concerned. From the point of
view of the National Agency, in order for
detention conditions to be humane, a singleoccupancy 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,
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.
According to the Federal Constitutional
Court’s judgment of 24 July 2018, a physical
restraint constitutes a serious interference with a
person’s freedom (Article 2 (2) sentence 2 in
conjunction with Article 104 of the Basic Law)
86
and presents a serious risk of injury. Thus, any
restrictions to this right may only take place on
the basis of a formal law that is sufficiently
precise and takes sufficient account of the
87
principle of proportionality. Physical restraint
88
may only be applied as a measure of last resort.
5.2.7 – Staff
Every effort should be taken to reduce the
frequency and duration of physical restraints.
The physical restraint should be applied for the
shortest possible period of time. On the
documentation form for physical restraints, it
should be stated which other measures have
already been tried and why these failed.
The National Agency was informed of a
strained staffing situation at Leipzig Prison.
According to prison staff, this meant that almost
nobody attended further training courses. A
number of interviewees also informed the
National Agency that the staffing situation had
resulted in an excessive workload and tensions
among staff.
For any physical restraint applied for more
than just a short period of time, a court decision
89
is required. The person concerned should be
informed after the measure of the possibility to
90
Ibid., margin no. 85
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)
91
85
See part III. 2.5 – “Physical restraint”.
Federal Constitutional Court, judgment of 24 July 2018, file
no.: 2 BvR 309/15, 2 BvR 502/16, margin no. 83
87
Ibid., margin no. 76 et seq.
88
Ibid., margin no. 80
89
Ibid., margin no. 69
86
69
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents