time the deputy federal chairman and Land chairman of the German Police Trade Union; the
Commission of the Länder also held a private talk with a male individual in custody in Saxony-Anhalt North police directorate.
Recommendations of the Commission of
the Länder
When fixation is necessary in the sobering-up
cell in Saxony-Anhalt North police directorate,
they are carried out with police handcuffs. This
method of fixation with police handcuffs is
not acceptable since handcuffs constitute a
considerable risk of injury, particularly with
persons who are excited. The Commission of
the Länder considers it to be necessary to
prescribe the use of more appropriate, chaining devices which are less likely to cause injury (such as bandage systems). The fixated
person is to be constantly and directly monitored by an officer.
Reaction of the Ministry of the Interior
(Saxony-Anhalt)
The question as to which cuffing system is
to be used in future in place of police
handcuffs is said to be being currently
examined.
In accordance with No. 12.7 of the Police
Detention Code (Polizeigewahrsamsordnung), it is said that the person taken into
detention is to be kept under constant supervision by two officers. Moreover, when
cuffing, detention officers were to make
sure that no health damage occurred (e.g.
blocking arteries), and, in accordance with
No. 12.2 of the Police Detention Code,
In general terms, fixation should be restricted were to take account of decisions taken by
to the shortest possible time, using strictest the physician for the prevention of damage
proportionality. The handling of fixation is at to health.
least to be bindingly stipulated in a service
The use of direct force – particularly cuffinstruction.
ing – was be documented in the detention
record.
As to the possible duration of the cuffing of
individuals, it should be taken into account
that in accordance with section 38 subs. 1
of the Act on Public Security and Order of
the Land Saxony-Anhalt (Gesetz über die
öffentliche Sicherheit und Ordnung des
Landes Saxony-Anhalt – SOG LSA) the
police must have a judicial ruling promptly
handed down on the permissibility of continuation for individuals who are detained
in accordance with the Act on Public Security and Order of the Land Saxony-Anhalt.
The Police Custody Code (circular decree of
the Ministry of the Interior of 27 March 1995)
does not explicitly mention the obligation to
inform individuals of their rights in detention. The Commission proposes examining
whether or not an obligation to provide information should be inserted in the Police Act,
but at least in the Police Custody Code.
In addition to a notice, the right to contact legal
68
The Police Custody Code is said to be
also currently being revised with regard to
the need for information. According to the
current state of the draft provided, it was to
be included in provisions No. 2.2 and
No. 9 of the information sheet entitled “Information for a person taken into detention” (form 08.075). Accordingly, the content of the information sheet was to be
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