the detention room was locked.
The NPM considers “voluntary” stays in locked detention rooms to be
problematic. It seems questionable whether a free-will decision can
be made in the course of official actions against accused persons in
connection with criminal proceedings or whether consent will be given
under psychological duress due to a lack of an alternative course of
action. It is difficult to differentiate this from imprisonment, i.e. from
deprivation of liberty by the sovereign, especially since the affected
person – as indicated – scarcely has any alternative course of action.
Therefore, in doubtful cases, imprisonment must be assumed when a
person is held in a locked detention room at a police station. If this is
the case and there are no grounds for imprisonment (or the
constitutionally guaranteed minimum rights are not provided), any
such imprisonment is unlawful.
Voluntary choice
or imprisonment?
In the specific case, the investigation conducted by the Federal Ministry
of the Interior found that the detainee could have left the detention
room or the police station at any time by utilising the call bell.
Therefore, a distinction could be made to “imprisonment”, i.e. a
deprivation of liberty by the sovereign. However, the Federal Ministry
of the Interior was also of the opinion that voluntary stays in locked
detention rooms are problematic.
A stay in a lockable inmate cell is only voluntary if there is no doubt that the affected person
is aware that his stay is voluntary.
2.6.10
Positive findings
The commissions prepare a comprehensive report on every visit to a
police station. Positive observations are made on a regular basis,
which are reported to the manager on duty at the concluding meeting
and included in the record. The NPM also reports such positive
observations to the Federal Ministry of the Interior on a regular basis.
These positive observations can relate to various areas, such as the
construction of the facility, particularly with respect to accessibility for
persons with disabilities, or inmate cells, the furnishings and
equipment provided to the personnel, the work climate at the
particular police station, the documentation of detentions, the
professional treatment of mentally ill persons, flexibility in the care of
detainees (food) or the commitment to processing and the prevention
of violence in family situations.
In the past, the NPM has informed the Federal Ministry of the Interior of
its praise for on-site consensual solutions to problems that have been
brought to the police station by the public.
135
Documentation of
positive findings
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