however, this leads to the staff deployed having little experience of dealing with detainees.
In the view of the Federal Agency, special
training in dealing with persons in the detention area would be meaningful and necessary.
III.
-
familiarised with their duties by the
heads of detention groups,
the prison staff (prison visitors, governors, disciplinary superiors) are regularly trained by the heads of detention
groups in the form of seminars and on
an ad hoc basis.
Customs
Customs officers have various risk-averting powers in accordance with section 10 of the Customs Administration Act (Zollverwaltungsgesetz – ZollVG). A physical search is permissible,
for instance, where there is actual suspicion of people hiding objects on their person. Customs investigation officers are furthermore empowered in accordance with section 127 of the
Code of Criminal Procedure to affect a temporary apprehension. They have equal status with
the officers of the police service (cf. section 404 sentence 1 of the Fiscal Code [Abgabenordnung – AO], section 26 subs. 1 sentence 1 of the Customs Investigation Service Act
[Zollfahndungsdienstgesetz – ZFdG]), and therefore they can also effect a temporary apprehension where a delay is likely to jeopardise the success of the investigation if the prerequisites of an arrest warrant or of a temporary placement order are met (cf. section 127 subs. 2
of the Code of Criminal Procedure).
The Federal Agency addresses recommendations regarding the customs investigation offices to the Federal Ministry of Finance. The customs investigation office visited also receives
the visit report for its information.
1. Dresden customs investigation office in May 2011
The Federal Agency carried out an inspection visit in Dresden customs investigation office on
25 May 2011, where it inspected the three detention cells of the customs investigation office,
which were not occupied at the time of the visit.
Reaction of the Federal Ministry of Finance
The Federal Agency presumes that one no- It was stated that the corresponding detenticeably small cell (4.41 m²) of the three deten- tion cell was only used in a small number
tion cells is only used for accommodation of of exceptional cases.
apprehended persons where there is an acute
lack of space, and then only for a very short
period of time (a few hours).
Unlike the usual situation, for instance in po- The Customs Criminal Investigation Office
lice units, the customs investigation office (Zollkriminalamt) is said to be currently
does not have a detention code or a corre- drawing up a draft detention code. The
sponding detention record or any similar reg- view of the Federal Agency is shared that
ister documenting the individual detention- this will further increase both the legal cerrelated events (date, time of accommodation, tainty of the acting officers and the safety
telephone calls, food issued to inmates, and well-being of the persons in detention.
checks by staff, particular incidents such as Hence, in anticipation of the detention
Recommendations of the Federal Agency
36
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