SPECIFIC ISSUES
servation by a member of staff (known as “Sitzwache”),
those who are placed under physical restraint must be
checked on regularly by a doctor. Comprehensible and
comprehensive written documentation of the entire
procedure must be provided each time a person is
placed under physical restraint.
In view of the possible risk of injury and to ensure
full respect for human dignity in a prison context,
physical restraint is to be applied in a medical setting
wherever possible. This guarantees that medical care
can be delivered to the person placed under physical
restraint.4
without the source of light then preventing the detained person from sleeping. Likewise, custody cells
should have an intercom, especially when they are
located in remote parts of the building. A sufficient
number of washable, flame-resistant mattresses
should be kept in stock. When new custody facilities
are built, it should be ensured that natural light is
available in the rooms. Facilities which do not have
access to daylight are not suitable for detaining people
for any significant length of time.8
3.6 – DOCUMENTING SHORT-TERM
CUSTODY
3.3 – SOLITARY CONFINEMENT
Police officers must make a record in the custody
record book whenever they check on those detained
in custody. In addition to the exact time of the check,
the name and signature of the officer checking on the
person in the custody cell must always be included. It
should be possible to read and understand the custody
record book without having to consult other documents. It should also be possible to verify whether
checks have been carried out without first having to
consult an occupancy sheet which is located elsewhere. The custody record book should therefore
always be kept in the vicinity of the custody cells.
To mitigate the negative consequences of solitary
confinement on the mental and physical health of the
person concerned, sufficient opportunity for appropriate human contact (e.g. extended visiting times)
and to engage in purposeful activity is to be provided.
Those placed in solitary confinement are also to be
regularly visited by a psychiatrist/psychologist. These
meetings should be conducted in an appropriate and
confidential environment.5
3.4 – FURNISHINGS AND FITTINGS IN
PRISON CELLS
3.7 – INSTRUCTION ABOUT RIGHTS
Prisoners should have access to natural, unfiltered
light in their cells. Their view out of the window
should not be obstructed by opaque plexiglass panes,
for instance.6
Multiple-occupancy cells must have a separate toilet
with separate ventilation. The minimum required
floor space of a multiple-occupancy cell is dependent
on the individual circumstances. Account must, for
example, be taken of the amount of time prisoners are
allowed to spend outside the cell and whether they are
able to look out of the window.7
Each and every person taken into police custody
must immediately be instructed about their rights.
Forms containing all the relevant information should
therefore be available in various languages. They are at
the very least to include information about the fact
that anyone who is taken into police custody has the
right to be examined by a doctor, to consult a lawyer,
to notify a trusted third party and, where applicable,
their home country’s consulate. As regards access to a
legal adviser, it is not sufficient to simply instruct
those taken into police custody about their right to
contact a “trusted third party”. Rather, it must be
made clear that access to legal advice constitutes a
separate right. It should be documented in the police
custody record book that the person taken into custody has been instructed about their rights so that it is
clear following a shift change-over whenever the relevant information was not provided for specific reasons.9 If a person was not instructed about their rights
when they were brought in, this must be done at a
later point in time.
3.5 – FURNISHINGS AND FITTINGS IN
CUSTODY CELLS
Custody cells used by the police, the customs authorities and the military police should be equipped
with fire detectors so as to guarantee the safety of
those kept in custody in the event of fire. The custody
cells should also have night lighting so that, for example, the emergency call button can be easily located
4
See National Agency, Annual Report 2012, p. 21
National Agency, Annual Report 2010/2011, p. 19
6
National Agency, Annual Report 2013, p. 82
7
National Agency, Annual Report 2013, p. 82
5
8
9
15
National Agency, Annual Report 2013, p. 75
See National Agency, Annual Report 2013, p. 72, p. 76
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