were occupied at the time of the inspection. The Federal Agency did not note any points during the visit which it regarded as being in need of improvement.
3. Sigmaringen and Stetten a.k.M. Federal Armed Forces barracks in September 2011
The Federal Agency carried out inspection visits in the Graf Stauffenberg barracks in Sigmaringen and the Alb barracks in Stetten a.k.M. (both military district IV) on 21 and
22 September 2011. The inspection of the Graf Stauffenberg barracks included the entire
detention area (eight detention cells, five of which are currently being used for detention) and
the two cells of the military police headquarters there. No separate common room for detained soldiers is available. Only the detention area was inspected in the Alb barracks (of the
eight detention cells, one room is put to other purposes).
The Federal Agency was informed on site that
the revision of the “Information sheet on the
major prison regulations” had not yet been
completed.
Reaction of the Federal Ministry of Defence
With regard to the recommendation, a
misunderstanding was said to exist as to
the definition of an apprehension in accordance with section 21 of the Military
Disciplinary Code in comparison to section 127 of the Code of Criminal Procedure. The call for information on rights to
remain silent is said to be dispensable
since – unlike apprehension by the police
– a soldier temporarily apprehended by
the military police was not questioned by
the latter. Temporary apprehension in accordance with section 21 of the Military
Disciplinary Code was said to serve solely
to restore military order and not for prosecution. A right to remain silent was said
not to exist vis-à-vis the military police in
the context of temporary apprehension in
accordance with section 21 of the Military
Disciplinary Code because they did not
carry out investigations.
The governors of both locations informed the
Federal Agency that no regular further training had taken place to train the staff deployed
in the detention area for their duties there.
Since the detention areas are not permanently
occupied, it is understandable that no full-time
posts can be created for it. As a consequence,
The proposed changes would be taken on
board and examined in the context of the
revision.
The current training practice is said to be
adequate since
disciplinary superiors were trained
during their training on the topic of
“Imprisonment in the Federal Armed
Forces”,
newly-appointed prison visitors were
Recommendations of the Federal Agency
The Federal Agency points to the need to
promptly inform persons of their rights. The
right to inform relatives, to consult a doctor
and to legal representation are to be stressed
here above all. In order to ensure that the information designated is actually provided in
practice, the soldiers in question must be informed of their rights. The Federal Agency
hence recommends recording the rights in a
short, easy-to-understand information form.
The formats used for measures in accordance
with sections 127 and 127b of the Code of
Criminal Procedure (StPO), which can also be
downloaded from the website of the Federal
Ministry of Justice, can be used as an orientation.
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