group.
2.6.2.3.
Monitoring priority: psychiatric care of
detained persons
In the course of the commission’s activities with respect to police
detention, it became clear from numerous observations that the
psychiatric care provided to detained persons may be inadequate for
various reasons. Therefore, even before the deployment of the
working group on suicide prevention, the NPM established this topic
as a monitoring priority for 2015. In this regard, the NPM addressed
the following problems in particular.
As already mentioned elsewhere, the NPM called for the term “fitness
to undergo detention” to be defined in the Code of Conduct for
Detention. In the opinion of the NPM, one must proceed with great
sensitivity in assessing whether a person is unfit to undergo detention
due to mental impairment. The Federal Ministry of the Interior stated
that the assessment of the fitness to undergo detention is made by
police physicians during the examination of the detainee and based
on the overall clinical picture. If necessary, police physicians will obtain
a psychiatric opinion regarding the existence and degree of
seriousness of a mental illness, the treatment during detention and
regular follow-up examinations.
Fitness to undergo
detention when there
are mental problems
The Federal Ministry of the Interior named two principal criteria for
possible release from detention due to mental complaints, i.e. if the
illness is expected to get worse and/or there is no ability to provide
care.
In this regard, one commission showed that most prisoners were
found to be unfit to undergo detention based on somatic findings
during a hunger strike. By contrast, almost no persons were declared
to be unfit to undergo detention on mental grounds. In this regard, the
commission criticised the fact that the documentation system in police
detention centres does not enable a systematic review of findings that
a person is unfit to undergo detention. The office of the medical
superintendent in the Federal Ministry of the Interior argued that the
unfitness of a person to undergo detention is often based on both
somatic and mental grounds. Therefore, a strict separation of the
grounds for unfitness to undergo detention in the documentation is not
useful. As a result, the NPM was unable to draw any suitable
conclusions from the findings that detainees were unfit to undergo
detention, which it examined. In general, the NPM repeatedly criticised
the quality of the medical documentation (comprehensibility,
completeness, consistency) – including cases of mental problems.
Medical documentation
In the opinion of the NPM, if there are clear indications of the existence
of mental impairment on the medical history sheet or the detention
log, police physicians should quickly obtain the opinion of a medical
expert. The Federal Ministry of the Interior emphasised that, if there
are symptoms on the medical history sheet that indicate a psychiatric
Deployment of
psychiatrists
129
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