3.2.11 – Respectful treatment
Furthermore, they should serve to increase
confidence in the rule of law.
During its visit to a Land police station in
North Rhine-Westphalia, the National Agency
observed officers addressing individuals in
custody using the informal “du” form in German.
Allegations against police officers should
therefore be investigated by independent bodies.
According to the case-law of the European
Court of Human Rights, independence is
considered to exist if there are no institutional or
hierarchical
connections
between
the
investigating officers and the accused officers,
and if it is guaranteed that the investigations are
77
fully independent in practice.
Officers should speak to the individuals
concerned using polite forms of address.
3.2.12 – Name badges
In several police stations, the officers working
in the custody area did not wear name badges.
In addition, independent complaints offices
must be created which, in the event of
allegations of police misconduct, enable the
most amicable resolution for the parties
concerned through channels other than
investigation bodies e.g. via mediation
proceedings. Furthermore, these independent
complaints offices must have extensive powers
to establish the facts – as is the case for the
Citizens’ Affairs Ombudsman of the Land of
78
Schleswig-Holstein.
The National Agency recommends that name
badges be worn on account of their preventive
effect: by making it possible to identify officers,
they can reduce the risk of abuse. Furthermore, a
name badge allows the officers to be addressed
personally by the person deprived of their
liberty, which can have a positive effect on any
interactions between them.
3.2.13 – Independent complaints and
investigation office
3.2.14 – Confidentiality of conversations
At the Federal Police, citizen complaints are
dealt with by the public relations department of
the relevant Federal police regional office. A
separate internal complaints office, which
reports directly to the President of the Federal
Police, is responsible for handling complaints
submitted by police officers outside of the
official channels.
At one Federal police station, all telephone
calls by individuals in custody take place in the
presence of police officers.
Confidential conversations between the
accused party and his/her lawyer are essential in
order to mount an effective defence and must
therefore be allowed to take place.
Confidentiality should also be assured for
conversations with doctors or relatives.
Lower Saxony and Thuringia have police
complaints offices within their interior
ministries. In Thuringia, this office can be
contacted by citizens. In Lower Saxony, the
office can also be contacted by police officers.
However, both bodies are only able to act as an
76
intermediary in discussions. The Land of North
Rhine-Westphalia
does
not
have
an
independent police complaints or investigation
office.
3.2.15 – Weapons in custody
In Federal and Land police stations, some
officers carried firearms and pepper spray while
bringing individuals into custody or inspecting
the custody cells.
Because of the risks involved, police officers
should refrain from carrying weapons in the
custody suite. This is stipulated by an internal
Federal Police provision. Furthermore, due to
A key element in preventing abuse by police
officers is the detection, prosecution and
punishment of police misconduct. Independent
complaints and investigation offices should be
perceived as unbiased points of contact by
injured parties, witnesses and police officers.
77
Cf. inter alia ECHR, Kummer v. Czech Republic,
judgment of 25/07/2013, Application no. 32133/11, margin no.
83; Eremiášova and Pechová v. Czech Republic, judgment of
16/02/2012, Application no. 23944/04, margin no. 135
78
Section 4 (1) of the Act on the Citizens’ Affairs
Ombudsman and the Police Ombudsman [Bürger- und
Polizeibeauftragtengesetz]
76
Töpfer, “Unabhängige Polizeibeschwerdestellen”, Bürgerrechte
& Polizei/CILIP 116, July 2018, p. 76
64
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