should be documented. Special measures, such as the dates on which
handcuffs are placed on the prisoner and removed from the prisoner
must be fully documented and the justification should be noted if a
prisoner is handcuffed for an unusually long period of time.
In the event of a deprivation of liberty, the detained person is entitled
to certain minimum rights (notification, information). Otherwise, his
right to liberty is infringed. Public security officers must inform affected
persons of the right of notification. Every detained person must receive
verifiable instructions regarding his/her rights to notification and
information. Such instructions are verifiable if they are appropriately
documented. In this way, the extent to which such instructions were
actually given can be reviewed after the fact. Likewise, any claim of
individual rights or waiver of individual rights by the detainee must be
signed by hand and thus expressly documented. If a person who has
been granted his/her rights refuses to sign, this must be documented
by the relevant police officer to satisfy the requirement of
documentation.
“Verifiable” information
regarding prisoner
rights
As already stated in the NPM Report 2013 (pp. 76 et seq.), the
commissions again criticised many deficits in the documentation
during their visits. In the past, the NPM has motivated the Federal
Ministry of the Interior to take consciousness-raising measures with
individual police officers and ensure that the requirement of precise
documentation is stressed through training and educational sessions.
During the reporting period, the NPM again observed deficits, such as
the lack of signatures by detainees and intervening police officers or
information on the time of day and place of the detention. Generally,
the commissions can clear up documentation deficits directly with the
commander on duty at the concluding meetings.
Clarification at
concluding meetings
Detention at police stations must be fully and verifiably documented.
2.6.7.2
Inadequate equipment at police stations
During visits, the commissions observed various deficits in the
equipment at police stations. These findings during the reporting
period included unsatisfactory heating and ventilation systems, no
equipment or defective equipment (obsolete radios) or deficits in
housekeeping or hygiene. Such complaints are regularly made during
the inspections of the NPM, and corrective action is promised by the
police stations.
Here, too, the commissions often use the concluding meeting to
discuss problems on site and obtain improvements. Only if there is no
promise to resolve the problem does the NPM correspond with the
Federal Ministry of the Interior after the visit. These are generally
133
In general, the local
police station promises
to eliminate deficits
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