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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