porting inmate would in turn be subject to reaction procedure with regard to the nature repressions by the alleged offender or other and gravity of individual violent incidents inmates. between inmates. In particular, new arrivals are informed of the dangers and risks arising, how to protect themselves and to which staff members they might be able to turn. The youth prison was however nonetheless said not to be a law-free zone. When talking with inmates, the Commission The Senate Administration did not make any received an indication that out-of-date observations on this point. house rules were being handed out. The Commission of the Länder recommends examining whether all documents handed out to the inmates are up to date. 4. Bernau am Chiemsee prison in May 2011 The Commission of the Länder visited Bernau am Chiemsee prison on 5 May 2011. It inspected the specially-secured cell containing no dangerous objects and the detention area, as well as the admissions area, the sick bay, the post room, the clothing store, the kitchen including the food distribution, a general criminal detention department with a sanitary area, both in the main building complex and in Building 9, the special care accommodation group, several production shops, external facilities for outdoor exercise and the visiting area. What is more, the Commission had talks with the prison governor, staff members of various wings, members of the prisoners’ co-responsibility body and an inmate who was in disciplinary detention at the time of the visit. It also inspected the personnel files of the last ten inmates who had been accommodated in the specially-secured cell. The prison has a capacity of 840 places. 859 persons were detained at the time of the visit. The documents requested by the Commission of the Länder were given to it in full on the visiting day. Recommendations of the Commission of the Länder A considerable number of the single cells at Bernau prison are occupied by two people. Single cells, like the cell that was inspected measuring 8.3 m², are too small for double occupancy. The Commission considers it to be necessary to reduce double occupancy of individual cells and to practice this in special exceptional cases at most (cf. the detailed description on this also in section B.V.). Reaction of the Bavarian State Ministry of Justice and for Consumer Protection A violation of human dignity is said not to apply in the case of the double occupancy of single cells of this size which have a partitioned toilet area. The Ministry reasons this position by referring to various court judgments. Independently of this, the Ministry is said to be making efforts to reduce the overoccupancy of the prison, as well as the multiple occupancy of the detention cells. The specially-secured cell and the discipli- The Ministry did not share the reservations nary detention cells are video monitored. The against video monitoring of the specially- 44

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