porting inmate would in turn be subject to reaction procedure with regard to the nature
repressions by the alleged offender or other and gravity of individual violent incidents
inmates.
between inmates. In particular, new arrivals
are informed of the dangers and risks arising, how to protect themselves and to which
staff members they might be able to turn.
The youth prison was however nonetheless
said not to be a law-free zone.
When talking with inmates, the Commission The Senate Administration did not make any
received an indication that out-of-date observations on this point.
house rules were being handed out. The
Commission of the Länder recommends examining whether all documents handed out
to the inmates are up to date.
4. Bernau am Chiemsee prison in May 2011
The Commission of the Länder visited Bernau am Chiemsee prison on 5 May 2011. It inspected the specially-secured cell containing no dangerous objects and the detention area,
as well as the admissions area, the sick bay, the post room, the clothing store, the kitchen
including the food distribution, a general criminal detention department with a sanitary area,
both in the main building complex and in Building 9, the special care accommodation group,
several production shops, external facilities for outdoor exercise and the visiting area. What
is more, the Commission had talks with the prison governor, staff members of various wings,
members of the prisoners’ co-responsibility body and an inmate who was in disciplinary detention at the time of the visit. It also inspected the personnel files of the last ten inmates who
had been accommodated in the specially-secured cell. The prison has a capacity of 840
places. 859 persons were detained at the time of the visit.
The documents requested by the Commission of the Länder were given to it in full on the
visiting day.
Recommendations of the Commission of
the Länder
A considerable number of the single cells at
Bernau prison are occupied by two people.
Single cells, like the cell that was inspected
measuring 8.3 m², are too small for double
occupancy. The Commission considers it to
be necessary to reduce double occupancy
of individual cells and to practice this in
special exceptional cases at most (cf. the
detailed description on this also in section
B.V.).
Reaction of the Bavarian State Ministry of
Justice and for Consumer Protection
A violation of human dignity is said not to
apply in the case of the double occupancy of
single cells of this size which have a partitioned toilet area. The Ministry reasons this
position by referring to various court judgments.
Independently of this, the Ministry is said to
be making efforts to reduce the overoccupancy of the prison, as well as the multiple
occupancy of the detention cells.
The specially-secured cell and the discipli- The Ministry did not share the reservations
nary detention cells are video monitored. The against video monitoring of the specially-
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