The Federal Court of Justice did find in its judgment of 11 March 2010 (III ZR 124/09) that it was not possible to clarify in abstract or in general terms when the spatial circumstances in a prison are so cramped that the accommodation of an inmate violates human dignity. It was said that this should be left to the evaluation of the trial court judge. At the same time, however, it did not explicitly object to the previous evaluation by Hamm Higher Regional Court that accommodation of less than 5 m² per inmate was undignified in accordance with the standards of the Basic Law, and stated that such an evaluation is also possible if the minimum standards are still adhered to in accordance with Art. 3 of the European Convention on Human Rights. The case-law of the Higher Regional Courts in this matter relates to individual cases and is not quite uniform. However, a clear line is also found in the established case-law of Hamm Higher Regional Court, which you quote, which at least evaluates joint accommodation in detention as undignified, and hence as constituting a breach of official duty requiring compensation, if the inmates have a floor-space in the cell of less than 5 m² per accommodated inmate (most recently for instance in the order of 23 February 2011, 11 U 254/09). As has been described, this case-law has been approved by the Federal Court of Justice in response to an appeal on points of law. The more recent case-law of the Higher Regional Courts, which had referred to imprisonment under conditions such as in the multipleoccupied cells in Bernau as still lawful, is not available to the Commission of the Länder. Taking these standards into consideration, the Commission is of the view that the single cells in Bernau prison may only be double occupied by way of exception if the inmates there are only accommodated for a short time and have the possibility to spend at least a considerable part of the day outside this cell during the week, for instance in a workshop. The Commission hence asks once more to reduce double occupancy and at most to practice it in the manner described.” Visiting rooms and the procedure for visits The maintenance of social contacts plays a major role for individuals who are deprived of their liberty. These contacts are however highly significant, particularly for re-integration into society. Hence, the design and atmosphere of the rooms, as well as the time regulations for visits by relatives and friends of those concerned, are of considerable interest for the National Agency. In addition to the construction of the visiting area, it is primarily their atmosphere and design which are examined, and these must be suitable for maintaining contacts over a prolonged period. Special arrangements for spouses, partners and children of individuals who are deprived of their liberty, the frequency and duration of the visiting possibilities, for instance on weekends also, and flexible arrangements for special groups of inmates such as persons held in preventive detention, are major aspects of an evaluation. Sanitary facilities The hygienic condition of the jointly-used sanitary facilities is important, in particular, in facilities where individuals are deprived of their freedom for a prolonged period. Common shower rooms frequently do not have a partition between the individual showers. This does not do adequate justice to the privacy of the individuals concerned. Partitions between the showers do not necessarily have to prevent the inspection of the shower room, and hence do not increase the probability of attacks in the view of the National Agency. 22