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
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