29
decision is required. The measure should be
discussed with the detainee concerned
30
afterwards.
The detainee should also be
informed after the measure of the possibility to
have a court review the permissibility of the
31
restraint procedure.
5.9 – MULTIPLE-OCCUPANCY CELLS
According to the case law of the German
32
Federal Constitutional Court , prison cells
accommodating more than one person must
have a completely separate toilet with separate
ventilation. Multiple-occupancy without such a
separation constitutes a violation of human
dignity.
Written reasons should be given for every
instance of physical restraint. This should
include documentation of which less restrictive
measures had been tried in advance and why
these failed.
5.10 – USE OF SEGREGATION UNITS
In addition to the specially secured cells
containing no dangerous objects, facilities may
also have segregation units with similar
furnishings and fittings. In such cases, the same
detention conditions must be applied as for the
specially
secured
cells.
Furthermore,
comprehensive documenting must be carried
out, in line with procedures for specially secured
cells.
5.7 – CELL SIZE
In order for detention conditions to be
humane, a single-occupancy 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, approximately
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.
5.11 – RESPECTFUL TREATMENT
Detainees should be treated respectfully. This
includes staff indicating their presence in a
suitable manner before entering the prison cell,
and speaking to detainees using polite forms of
address.
5.8 – CCTV MONITORING
CCTV monitoring in prisons should only be
conducted in individual cases where this is
imperative to protect the person concerned. The
reasons for the use of CCTV monitoring should
be documented. In addition, the person
concerned must be informed that monitoring is
taking place. The mere fact that the camera is
visible is not sufficient. It should be possible for
the person concerned to discern whether the
camera is running.
5.12 – PEEPHOLES
With the exception of observation rooms,
peepholes should be made opaque in order to
protect the privacy of the detainees.
Should peepholes be deemed necessary in
substantiated individual cases, staff members
should make themselves heard before looking
through the peephole.
5.13 – INTERPRETATION DURING
MEDICAL CONSULTATIONS
29
Federal Constitutional Court, judgment of 24/07/2018, file
no.: 2 BvR 502/16, margin no. 69
30
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).
31
Federal Constitutional Court, judgment of 24/07/2018, file
no.: 2 BvR 502/16, margin no. 85
Confidentiality must be assured for medical
consultations, which are subject to medical
secrecy. Furthermore, it must be ensured, where
necessary, that technical terms and subject
matter are adequately translated into the other
language. In case of communication difficulties,
32
Federal Constitutional Court, order of 22/02/2011, file no.: 1
BvR 409/09, margin no. 30
29
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