5 – PRISON SYSTEM
be using the toilet and should be given the
opportunity to indicate this.
5.1 – CLOTHING WORN IN SPECIALLY
SECURED CELLS
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. 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. If a toilet area is
indeed covered by CCTV monitoring and is not
pixelated, only persons of the same sex as the
detainee should carry out the monitoring.
When detained in a specially secured cell
containing no dangerous objects, prisoners
should be given at least a pair of paper underwear
and a paper shirt to wear.
5.2 – STRIP-SEARCHES
According to the Federal Constitutional
Court, strip-searches involving a visual
inspection of the prisoner's genital area
represent a severe interference with the
26
prisoner's general right of personality. It is not
permissible to carry out strip-searches routinely
27
and without case-specific suspicions. To satisfy
this requirement, general strip-search orders
must allow for exceptions if the principle of
proportionality so demands. Staff must be made
aware that in individual cases it may not be
necessary for the prisoner to undress fully.
5.5 – SOLITARY CONFINEMENT
To mitigate the negative impact of solitary
confinement on mental and physical health,
detainees should be provided with sufficient
opportunities for human contact (e.g. extended
visiting times) and to engage in meaningful
activities. Those placed in solitary confinement
are also to be seen regularly by a psychiatrist or
psychologist. This should take place in a suitable
and confidential environment.
If it is indeed necessary that the prisoner
undress fully, then the search should be
conducted in a respectful procedure, for example
involving two stages where half the body remains
dressed in each stage.
5.6 – PHYSICAL RESTRAINT
5.3 – SHOWERS
28
The use of physical restraints is only to be
ordered as a last resort, on the basis of clear and
precisely defined criteria, and for the shortest
possible period of time. To minimise the risk of
physical harm, restraints should be applied using
a strap-based system. Persons being physically
restrained should, at the very least, be given
paper underwear and a paper shirt to wear in
order to protect their sense of modesty. The
prisoner must also be checked on regularly by a
doctor. Persons under physical restraint must
also be observed continuously and personally by
therapeutic or care staff who are in direct
proximity to the detainee (one-on-one
supervision). For any physical restraint applied
for more than just a short period of time, a court
Persons who have been deprived of their
liberty should be given the opportunity to
shower alone if they wish to do so. At least one
shower should be partitioned off in communal
shower rooms.
5.4 – VISIBILITY OF TOILETS
Staff members should indicate their presence
before entering a cell, especially if the toilet is
not partitioned off. The person in the cell might
26
Federal Constitutional Court, judgment of 5/03/2015, file
no.: 2 BvR 746/13, juris margin no. 33–35
27
Federal Constitutional Court, judgment of 10/07/2013, file
no.: 2 BvR 2815/11, margin no. 16, with reference to ECHR,
van der Ven v. the Netherlands, judgment of 4/2/2003,
Application no. 50901/99, § 62
28
28
See part III. 2.5 – “Physical restraint”
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