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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents