In the case of fixation in police station 11, it is
necessary that direct supervision by an officer be situated in front of the secure room
because of the way it is built. This is the only
way to guarantee constant, direct monitoring.
Some of the cells in station 11 were also occupied by several persons overnight. The
Commission of the Länder takes the view that
individual accommodation is at least preferable unless special circumstances apply.
With a size of approximately 3.5 m², the cells
of stations 14 and 16 comply at best with the
minimum standards, and are hence only adequate for detention of a few hours. As soon as
a longer stay is foreseeable, the persons concerned should be taken to another detention
facility with the appropriate equipment.
The Commission of the Länder recommends
purchasing an adequate number of washable,
highly inflammable mattresses for the detention cells.
71
After examination, police station 14 had
refrained from purchasing a bandage system because of its territorial structure.
The building situation at police station 11
described by the Commission is said to correspond to the facts. The building and spatial circumstances in the security room were
said not to permit the use of the above
tools.
In the case of fixation, constant monitoring
of the person was said to be carried out by
placing an officer on direct supervision in
accordance with the regulations. The Hamburg Police followed the recommendation
and would examine introducing a uniform
arrangement with regard to the procedure
for fixation.
The view that individual accommodation is
preferable is said to correspond to the regulations and to be shared by the Hamburg
Police.
The Commission found here that the detention cells of the police stations visited complied with the (minimum) standard. The
measures of deprivation of liberty were said
to only take place for a short time.
The police detention cells were said to only
serve to keep individuals for a short time.
Thus, in particular when it comes to temporary apprehension in criminal proceedings
and detention under the police law, under
the law as it stands suspects are to be
brought before the judicial standby service
at Hamburg Local Court at the latest on the
day after the apprehension, or released.
Individuals held by Hamburg Land Criminal
Police Office were provided with blankets
where necessary. However, according to
the information of the Land, the cells were
said not to be equipped with mattresses for
reasons of personal safety and hygiene.
Persons who remained in detention for
longer were transferred to regular detention
facilities of the justice authority (from the
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