another trusted individual, on the right to consult a physician, as well as on the right to the
support of an attorney. These rights are also always stressed by the CPT.15 This applies regardless of whether the individuals are in detention on the basis of police law or of criminal
procedure law.
The National Agency takes the view that the individuals concerned must be informed of their
rights in writing as soon as possible and that the information must be documented in a comprehensible manner. This ensures that the designated information is actually provided in
practice. A short, comprehensive information form such as the “Information sheet for individuals detained/temporarily apprehended in police custody” of the Land Lower Saxony can
serve as a model here.
Examination of ability to be held in detention
The determination of an individual’s ability to be held in detention is an absolute prerequisite
for their being taken into custody, and emerges from the care and welfare duty of the police.
If there are doubts as to the inmate’s ability to be held in detention, the prompt consultation
of a physician is needed in each case, even if the person is only taken into detention for a
short period. So that a medical examination and treatment are not delayed unnecessarily, the
assumption of costs must also be regulated in the sense that the Land at least initially meets
the cost incurred for the examination. This should also be clearly regulated in the Police Custody Codes of all Federal Länder.
Surveillance using wide-angel spy-holes and video cameras
The National Agency has found in various cases that the toilet area is included in surveillance, both in the surveillance of individuals in custody by wide-angel spy-holes and in surveillance by video cameras. There are considerable reservations against this with regard to
the maintenance of privacy. However, the National Agency is not unaware that there may be
cases in which security requirements need to be particularly taken into account. The National
Agency will continue to seek solutions for this tension in the talks with the agencies concerned.
Further foci in visits to police units are:
x
x
x
x
x
x
x
x
15
the use of bandage systems as a means of fixation (not handcuffs) and clear rules for
the implementation of fixation (direct supervision by an officer)
the size, the state of construction and the cleanliness of the detention cells, access to
daylight and fresh air
fire protection
keeping of detention records, careful documentation of entrance to the cells by officers and of all special incidents
video surveillance, respect for privacy, especially on the toilet
the availability of blankets and washable, non-flammable mattresses
the availability of dimmable night lighting
name badges to be worn by officers
cf. CPT Standards, 2006, p. 6, marginal nos. 36-37
24
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