II.
Federal Armed Forces
Prison sentences, criminal and youth detention as well as disciplinary detention are carried
out on soldiers in custody facilities of the Federal Armed Forces (section 1 of the Ordinance
on the Enforcement of Prison Sentences, Military Disciplinary Confinement, Youth Detention
and Disciplinary Detention by authorities of the Federal Armed Forces [BwVollzO]). The legal
basis for disciplinary detention is constituted by section 26 of the Military Disciplinary Code
(Wehrdisziplinarordnung – WDO). Disciplinary detention may only be imposed with the participation of a judge (section 40 of the Military Disciplinary Code). Further, supplementary
regulations on imprisonment in the Federal Armed Forces are also found in the 14/10 Central
Service Instructions.17
At the beginning of its activities, the Federal Agency was provided by the Federal Ministry of
Defence with a list of detention facilities of the Federal Armed Forces. According to this list,
which is dated May 2011, the Federal Armed Forces maintain a total of 136 detention facilities in Germany. The military police operate a further 30 facilities in which persons can be
detained or soldiers who have been apprehended can be temporarily kept (list for the CPT of
February 2010).
The Federal Agency aims to visit facilities from military districts I-IV within a visiting period. It
visited the Federal Armed Forces barracks in Torgelow and Viereck, which belong to military
district I, Burg Federal Armed Forces barracks (near Magdeburg), which belong to military
district III, and Sigmaringen and Stetten a.k.M. Federal Armed Forces barracks, which belong to military district IV, in the period under review 1 May 2010 – 31 December 2011. It
visited the Federal Armed Forces barracks in Speyer and Zweibrücken, which belong to military district II, in the previous period under review, 1 May 2009-30 April 2010.
The Federal Agency addresses recommendations regarding the Federal Armed Forces to
the Federal Ministry of Defence. Both the competent head of the detention group and the
Federal Armed Forces facility visited receive a duplicate of the letter.
1. Burg Federal Armed Forces barracks in July 2010
The Federal Agency carried out an inspection visit in the Clausewitz barracks in Burg on
20 July 2010. These barracks of military district III have a total of five detention cells and also
accommodate a military police headquarters with two cells (one of which was a “specially
secure space”), as well as a common room for soldiers who have been apprehended. A total
of eight persons had been placed in detention in 2010 so far. At that point in time, the most
recent accommodation had taken place on 7 July 2010. None of the cells 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.
2. Torgelow and Viereck Federal Armed Forces barracks in October 2010
The Federal Agency carried out an inspection visit in the Ferdinand von Schill barracks in
Torgelow and the Kürassier barracks in Viereck on 19 October 2010. The barracks, which
belong to military district I, have three and five detention cells, respectively. None of the cells
17
ZDv 14/10 Detention Regulation for the Federal Armed Forces (Vollzugsvorschrift für die Bundeswehr), January
1980 edition. The provision is currently being comprehensively revised by the Federal Ministry of Defence.
34
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