3 – FEDERAL AND LAND POLICE
In 2018, the National agency visited a total of
eight police stations. These included three Land
police stations in Lower Saxony, North RhineWestphalia and Thuringia, and five Federal
police stations.
verify whether the emergency call system in the
custody cells was working.
The conditions in police custody cells,
including furnishings and fittings, must be
respectful of the human dignity of detainees.
Every custody cell should be equipped with a
smoke detector, an emergency button,
adjustable lighting, a non-flammable, washable
mattress, a blanket and a pillow. Where a
custody cell is only equipped with a low bed, it
should have additional seating at standard
height. Where the custody suite is located
separately from the guard room or if it is in
another part of the building, an intercom system
is advisable. Checks should be carried out to
ensure that the intercom and the emergency call
system are working before each occupancy of a
custody cell. Access to daylight is recommended
for every custody cell, including those intended
for short-term custody.
3.1 – POSITIVE EXAMPLES
The National Agency highlighted several
positive examples during its visits.
As part of the scheduled renovations at
Frankfurt am Main Federal Police District
Office, CCTV monitoring is set to be installed
in the custody cells. The cameras are to be
activated only when the doors of the custody
cells are opened. This type of system affords the
greatest possible degree of privacy to the
individual held in custody, and can also help to
prevent abuse. In addition, level access to the
custody suite is to be created, which will reduce
the risk of injury when bringing highly agitated
persons to their cells.
3.2.2 – Instruction of rights
At Leipzig Federal Police District Office, the
individual rooms for recording the personal
details of individuals in custody, conducting
searches, and carrying out other measures
related to the custody process all had signs
explaining, in various different languages, what
would happen to the person concerned in each
of the rooms. This means that, if communication
difficulties arise, the person concerned is not left
in the dark until an interpreter arrives.
One Federal police station kept written
documentation on the instruction of individuals’
rights under the Code of Criminal Procedure,
but not for the instruction given in accordance
with police law. At stations in North RhineWestphalia and Lower Saxony, instruction was
not always provided in writing, and in some cases
it was only provided when the detainee was
released. In some cases, the instruction sheet
stated that it was only possible to consult legal
counsel under certain restrictions.
3.2 – FINDINGS AND
RECOMMENDATIONS
Regardless of the legal basis on which people
are taken into custody, they must be
immediately instructed about their rights in
writing and in a language they understand. If a
person was unable to be instructed about their
rights when they were brought into custody, this
must be done at the earliest possible time. It
must be documented that instruction has been
given.
The
visited
facilities
were
given
recommendations on the following main topics:
3.2.1 – Furnishing and fittings in custody cells
In both Federal and Land police stations,
shortcomings were found with regard to the
furnishings and fittings of custody cells. These
included a lack of smoke detectors, nonadjustable lighting and no access to daylight. At
one station, there were no regular checks to
3.2.3 – Strip-searches
In Federal and Land police stations, the
National Agency found that individuals were
subjected to strip-searches involving a visual
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