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 the same sex as the detainee should carry out the monitoring. informed after the measure of the possibility to have a court review the permissibility of the 23 restraint procedure. 3.8 – CUSTODY DOCUMENTATION Custody documentation at police stations should be clear and comprehensible. This serves to protect those being held in custody, as well as the responsible staff members. 3.6 – SHACKLES In contrast to physical restraint, “shackling”, in the National Agency’s usage of the term, is the restriction of movement by tying together arms or legs, or by tying them to an object. The following details should be documented: The detainee’s personal details When the deprivation of liberty began The staff members responsible for taking the person concerned into custody and for supervising them during custody  The health condition of the person concerned  Whether the person was informed of their rights  Whether the person was informed of the reason for the deprivation of liberty  Whether a judicial order had been obtained  If a strip-search was conducted, the reasons for this  The name of the staff member conducting the strip-search  The times of checks, including the initials of the responsible staff member  The time and type of meals  The removal and subsequent return of personal objects  The time of release  If it was not possible to inform the persons concerned of their rights when they were brought into custody, it should be documented whether this was done at the latest by the time they were released. Senior officers should check at regular intervals whether the documentation is complete. These checks should be recorded.    Tying persons to the wall or to other objects violates their human dignity and must be avoided without exception. In order to protect the right to physical integrity, any shackling in custody should be 19 carried out using textile hand restraint belts , which should be kept in stock at all times. 3.7 – PHYSICAL RESTRAINT 20 Physical restraints should not be applied in police stations. The use of physical restraint constitutes a serious interference with a person’s liberty, and also presents a serious risk of injury. Physical restraints must therefore be subject to special requirements such as the appropriate and correct application of a strap-based system. 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 21 decision is required. The measure should be discussed with the detainee concerned 22 afterwards. The detainee should also be 19 An example of this can be seen in the model used by FRONTEX during deportation flights 20 See part III. 2.5 – “Physical restraint” 21 Federal Constitutional Court, judgment of 24/07/2018, file no.: 2 BvR 502/16, margin no. 69 22 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). 23 Federal Constitutional Court, judgment of 24/07/2018, file no.: 2 BvR 502/16, margin no. 85 25

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