Police stations
Measures that restrict freedom shall be documented in a transparent manner.
For example, the beginning and the end of the use of handcuffs shall be
documented. Handcuffing for a long period of time shall be justified.
Numerous cases
of inadequate
documentation
As in the previous year, the commissions identified deficits in the documentation
of detention and pointed this out to the heads of the stations in the
concluding meetings. Once again, the NPM complained about the inadequate
documentation of when handcuffs are removed and the distribution of
information sheets. In some cases, the detention logs were not complete and
the signatures of the law enforcement officers performing the official acts
were missing. The duration of the detention was unclear in some cases. The
NPM criticised missing entries in the detention book as well as inconsistencies
between the detention log and detention book in one case.
On one monitoring visit, a detention log was neither in the original file nor
in the general folder; another detention log was mistakenly forwarded to
another police station. One official act remained unverifiable due to a lack
of meticulous documentation. The transfer of a detainee to another police
station was not noted in the documentation. The youth welfare operator was
not notified of the detention of a minor.
The Federal Ministry of the Interior set training and awareness increasing
measures in these cases.
Pursuant to Section 5 (5) of the Detention Regulation, the placement of a
detainee in the specially secured cell is only permissible if the risk to them
self, other persons or property does not allow placement in another cell. If
the reasons for imposing such a measure cease to exist, it shall be revoked
without delay. On a monitoring visit to Viktor-Christ-Gasse police station, the
commission criticised that a person had been detained in the specially secured
cell for more than ten hours. Furthermore, the commission critically observed
that the “Public medical officer” field was ticked in the documentation of the
measure, but the name of a doctor was not entered.
Mistake in
documentation of
measures
The Federal Ministry of the Interior stated that the detainee had fallen asleep
in the specially secured cell. As he was not displaying any symptoms of
infection or injuries, he had not been awoken when the public medical officer
came. After he had woken up, the detainee was fit to be questioned and was
immediately presented to the legally trained standby officer. The Ministry
conceded that the “Public medical officer” section had mistakenly not been
crossed out in the documentation of the measure.
Documentation of the
sleeping phase - ViktorChrist-Gasse police
station
The NPM could understand that the detainee who had fallen asleep in the cell
was not awoken when the public medical officer arrived. This would not be
considered careful in the sense of Sections 3 and 4 of the Detention Regulation.
However, the NPM criticised that the sleeping phase and the outstanding
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