2.6.6.
Individual cases
2.6.6.1.
Inadequate surveillance of sobering-up cells
In the course of a visit to the Telfs police station, the commission
examined the detention book and found that – contrary to the
statements of the police – inebriated persons were being held in
inmate cells to “sober up”. In general, the commission pointed out that
impairments due to substance abuse (alcohol, drugs, etc.) are mental
disorders and must be considered illnesses. In the opinion of the
commission, intoxicated persons should only be observed by medical
specialists and not held in detention cells.
Sobering-up cells
should be rejected
Moreover, the commission criticised that a highly inebriated person
was not observed in accordance with the physician’s instructions
during the detention. The public physician who had been called in
ordered that the person be observed at intervals of 30 minutes.
The Federal Ministry of the Interior conceded that intoxication is
basically an illness. Development of a guideline which should take into
consideration the health care to be provided to inebriated, substanceimpaired, mentally ill persons and persons who are a danger to
themselves is being handled by the existing working group on suicide
prevention (see chapter 2.6.2.2 regarding the working group on
suicide prevention for further details).
Working group on
suicide prevention
The NPM hopes for speedy implementation of the practice guideline
for uniform handling of inebriated, substance-impaired, mentally ill
persons and persons who are a danger to themselves in detention,
which has been promised by the Federal Ministry of the Interior for
years.
With respect to the observed incident, the Federal Ministry of the
Interior indicated that the timing of the checks was only missed “by
minutes”. The NPM was not convinced by the description of the
incident in the comments of the Federal Ministry of the Interior.
Therefore, the NPM voiced its criticism. The NPM considered the
sensitisation measures that were carried out with respect to the need
for documentation to be an important step. Unfortunately, the Ministry
failed to instruct the officers at the Telfs police station to call in a
(public) physician when intoxicated persons are being detained and to
explore the possibility of a transfer to a psychiatric clinic.
2.6.7.
Positive observations
After every visit to a facility, the commissions summarise their
observations in a visit report. The commissions regularly note positive
aspects and improvements, which are mentioned to the officer on duty
during the concluding meetings and which are also included in the
reports. In order to ensure a constructive collaboration, it is also
important to the NPM to report positive impressions to the respective
Ministry.
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