care of an individual in custody nor the necessary establishment of ability to undergo
detention may be delayed unnecessarily.
The obligation for the individual in custody to
pay the cost of a medical examination, as
regulated in Lower Saxony, is hence not acceptable. The Land should initially pay the
costs incurred for this. The police units should
be enabled where necessary to commission
emergency medical care and the examination
of the detainee’s ability to undergo detention
on behalf of the Land, and hence to guarantee prompt medical examination or treatment.
and otherwise within general medical care
by established physicians. The cases in
which there was doubt as to ability to undergo detention were said to be covered by the
provisions of the Police Custody Code. In
accordance with the provisions of the Police
Custody Code, a physician was consulted if
those concerned were obviously ill or injured, they themselves stated that they were
ill or injured or if they showed considerable
abnormalities. The consultation of a physician was however not conditional on certainty being established as to an illness or injury.
Some Police Custody Codes of other Federal
Länder contain explicit provisions in this regard (e.g. Baden-Württemberg, Bavaria, Hesse,
Rhineland-Palatinate,
SchleswigHolstein).
Otherwise, the medical services provided
were paid for directly by the person concerned themselves and their health insurance fund; the Land was said not to incur an
obligation to pay these costs.
Nonetheless, individual physicians when
treating persons placed in police custody
required that the costs be paid for by the
police. This had led to delays in some cases;
however, no cases were known in which
suitable medical care had been called into
question by the previous arrangement. So
that there could be no delays in problem
cases, the police directorates would meet
medical costs in future if the physician was
unable to collect from the person concerned
or the health insurance funds.
Hanover-Schützenplatz police station is not
suitable in the view of the Commission of the
Länder for holding persons in long-term detention as it has no possibility for daily outdoor exercise. Persons who are held in police
custody for 24 hours or longer must be given
the opportunity to exercise in the fresh air for
at least one hour each day. Measures are
needed to enable persons to do so. Alternatively, the administrative assistance of the
prison should be considered for long-term
detention.
Hanover police directorate is said to have
reported that the complex did not have secure outdoor areas for outdoor exercise.
The Commission of the Länder encountered
an individual in custody who stated that he
had not been informed of his rights and also
that he had not received an information sheet
The case found by the Commission was said
to relate to a person detained on the basis of
an arrest warrant who was only briefly held
in the detention facility and was to be placed
77
The police directorate had examined constructional measures, but had not yet found
a solution. It was hence striving to implement long-term detention in a prison for the
foreseeable future. Until the necessary
agreements had been reached, those concerned were taken out for fresh air and accompanied in the police complex unless particular risks emerged from their personality.
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