tation in police station 16, the Commission of
the Länder noticed that the detention record
contains only general information on the individuals in custody. Special incidents are not
noted in it, but according to the officials were
explained in the reports on the individual incidents. The request of the Commission of the
Länder to inspect the station’s reports was not
complied with. The Commission of the Länder
was notified that the documents in question
were part of the investigation file that was now
with the public prosecution office. In this respect, a request for inspection of the files
would have to be lodged with the public prosecution office.
In accordance with Article 20 para. b of the
Optional Protocol, the Commission of the
Länder is to be given access to all information
referring to the treatment of those persons as
well as their conditions of detention. This includes all parts of files documenting the reason for and the implementation of detention,
even if they are simultaneously part of the
investigation file. The keeping of the files in
the police stations evidently also serves to
verify the treatment of the detained persons
for the benefit of the police. If this is so, the
files are also subject to inspection by the
Commission.
Checking on individuals in custody by opening the cell door should always be carried out
by two officers, and should be documented in
the detention record by name and signature.
The officers were also armed in the detention
area. This is in line with the PDV 350 official
police regulation. The Commission however
finds the arming of the detention area to be
problematic, and it asks for a statement as to
why this aspect is regulated in this manner.
73
in 2010, the Land authorities, including the
Hamburg Police, had issued instructions
regarding the inspection of apprehension
documents by the CPT to the police stations
which contained restrictions referring to the
competence of the public prosecution office
for the proceedings and the protection of
patient data. The CPT is said to have criticised these as too strict and practically unsuitable for effective inspections.
Since the Interior Department is said to be
responsible neither in terms of judicial restrictions nor of those under data protection
law or their abolition, reference was made to
the competent authorities in this regard. It
was suggested here that the justice departments come to a clear, final arrangement in
order to avoid corresponding delays, criticism and enquiries in future, and to enable
staff to work effectively.
The provisions for personal security recommend entering detention cells as a matter of principle with no firearm and only in
pairs. The PDV 350 (HH) official police
regulation however foregoes these corresponding instructions, so that such latitude
is said to be available (cf. also information
below).
PDV 350 (HH) is said to prescribe in general terms the carrying of official weapons,
but deviations are permitted with an appropriate regulatory situation for reasons of
individual tactics, welfare or other official
reasons.
On the topic of personal security in “taking
into custody”, PDV 350 (HH) is said to forego instructions and limit itself to the control
of detained persons “at least half-hourly by
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