self-injuries, etc.). By being transparent, such
a detention record increases not only the security of the individuals in custody, but (for
instance in case of illness or injuries to the
inmates) also contributes towards the legal
certainty of the responsible officers.
The fact that the specific design of detention is
not set out in a separate set of rules leads at
the same time to a situation in which some
areas do not meet the standards which are
called for by the CPT and which the Federal
Agency also applies as a standard.
The Federal Agency points out that, in accordance with the CPT standards, persons who
are deprived of their liberty have three essential rights from the beginning of their apprehension about which they must be informed,
both orally and in writing, in a manner which is
understandable to them: The right to consult
an attorney, to consult a doctor and to inform
relatives.18
The Federal Agency proposes to examine
and, where appropriate, ensure that the information is provided in the form stipulated by
law, and in particular also at the earliest point
in time, that is at the time of apprehension.
code, it has been ordered that a detention
record is to be kept – initially for Dresden
customs investigation office. The customs
administration as a whole is to be obliged
to keep detention records, even before the
detention code is created.
There is said to be no legal uncertainty
regarding the time and extent of the information given to a person who is detained
in the customs administration. The regulations regarding the information obligations
were announced via a decree, as well as
in the individual service regulations of the
customs administration (Service Regulations on Financial Control of Illegal Employment [Dienstvorschrift Finanzkontrolle
Schwarzarbeit – DV FKS], Service Regulations for Mobile Control Groups of the
Customs Administration [Dienstvorschrift
für Mobile Kontrollgruppen der Zollverwaltung – KontrollDV], Service Regulations
for Criminal and Administrative Fines Procedure [Dienstvorschrift für das Straf- und
Bußgeldverfahren – StraBuDV]) and included in the workflow sheets for the investigation standard. The necessary information was included in forms containing
translation aids in the national Intranet of
the customs administration.
The information from the customs investigation office was said to be provided as a
matter of principle at the beginning of a
questioning. Should there be problems in
communication, it was said to be possible
in exceptional cases for the information
not to be provided until an interpreter had
arrived, if no information sheet was availa-
18
cf. CPT Standards, Standards No. 36 and 40 (for police custody, however, the CPT stated in its report to the
Greek Government on the visit to Greece from 23 September to 5 October 2001, in which customs units were
also visited, that the standards stipulated for police detention apply equally to other agencies, such as customs
authorities, to the extent that they exercise law enforcement powers involving the possibility of depriving persons
of their liberty (CPT/Inf (2002) 31, No. 10).
37
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