sensitive are the requirements with respect to sanitary facilities. In the opinion of the Human Rights Advisory Council, when a cell is occupied by multiple persons, there must be an adequate visual barrier (e.g. curtain), or the detained person must be granted the opportunity to relieve himself in a partitioned toilet outside of the detention area – even during a short-term detention. No visual barrier is necessary in single-person cells when detention is only short-term. This conforms to the CPT standards for police custody (see CPT standards, p. 15, margin no. 47). In its statement, the Human Rights Advisory Council emphasised that the furnishings in a detention area “per se” are not important from a human rights perspective. The important matter is whether the required standards are complied with in the individual case of a specific detention. The same detention area that is not suitable for the long-term detention of several persons can be completely adequate for the short-term detention of individuals. The specific conditions of detention are decisive The Human Rights Advisory Council argued that the highest possible standards should be sought for new construction, new rentals and remodelling measures.  An endeavour should be made to fully partition the toilet area – even for short-term detentions – for new construction, new rentals and remodelled buildings. 2.6.5.3. Deficient documentation of detentions During their visits, the commissions routinely examine the detention books and detention logs at the particular police station. Seamless documentation of every case of deprivation of liberty is indispensable. A detained person is entitled to certain information and notification rights; otherwise, his or her constitutionally guaranteed fundamental right to personal freedom is violated. Public security officers must “verifiably” instruct detained persons of their rights. Such an instruction is only verifiable if it is documented. Only in this way can the NPM – and the courts if a complaint was filed – review whether and to what extent an instruction was actually given. For purposes of accountability, the instruction of the detained person regarding his or her information and notification rights must be signed by that person. The invocation and the waiver of individual rights must also be signed by the detained person in his or her own handwriting in order to meet the requirement of documentation. If a person who has been granted his or her rights refuses to sign the record, this fact must be recorded by the relevant police officer for purposes of accountability. Documentation of notification of rights Special measures, such as when a detainee was handcuffed and when the handcuffs were removed, must be fully documented and, if necessary (e.g. if the person was handcuffed for a lengthy period of time), the justification must be given. As in past years (see NPM Report 2013, p. 76 et seq., and NPM Report 2014, p. 132 et seq.), the commissions found deficiencies in Clarification at 139

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents