VISITS BY
THE JOINT COMMISSION
which have already partitioned off showers of any
increase in the number of assaults.
reports within the juvenile justice system of staff
addressing prisoners using the informal “du” form in
German. Nevertheless, staff in those facilities which
had issued instructions not to use this form of address
were sometimes still doing so. This can come across to
prisoners as derogatory and lacking in respect. Juvenile prisoners should thus also generally be addressed
using the formal “Sie” in German.
It was noted that staff often do not knock on cell
doors before entering. The policy of knocking before
entering a room should become an integral part of
staff members’ respectful treatment of juvenile prisoners and should be applied consistently everywhere.18
1.2.5 – Translations of house rules
The house rules in juvenile penal institutions contain a list of prisoners’ rights and duties. Disregarding
these duties can lead to sanctions. The house rules
should therefore be translated into those languages
which are most commonly spoken by prisoners. The
matter of the high translation costs can be mitigated
by drawing up model house rules, which some Länder
have already done.
1.2.6 – Respectful treatment
18
Re youth detention, see National Agency, Annual Report 2014,
p. 29 et seq.
In contrast to what the Joint Commission noted in
youth detention facilities, there were less frequent
2 – YOUTH DETENTION CENTRES
As an addition to its special focus in 2014, the Joint
Commission visited Lebach Youth Detention Centre
and carried out follow-up visits to Düsseldorf and
Wetter (Ruhr) Youth Detention Centres in 2015. The
reports on its visits to Arnstadt and Moltsfelde
Juvenile Detention Centres, conducted in early 2015,
were included in the Annual Report 2014.19
Over and above those shortcomings which the Joint
Commission noted in the Annual Report 2014 as
occurring relatively frequently in youth detention, it
noted the poor state of repair of Lebach Juvenile
Detention Centre. The detention rooms, measuring
only 8m2 and with a toilet which is not separated off or
supplied with separate ventilation, were occupied by
two people. The Federal Constitutional Court held
that comparable conditions of detention constituted a
violation of human dignity. 20 The Commission
pointed out that no one can give their consent to
inhuman or degrading conditions of detention.
Further, it recommended swiftly hiring a social
worker to fill the currently vacant post and to provide
those in detention with information about the pedagogical concept being applied in the facility.
The detention centre was in urgent need of renovation. Also, detainees were unable to look outside on
account of the frosted glass screens in front of their
windows. Sufficient daylight should be guaranteed in
all detention rooms and detainees should always be
able to look out of their windows. They should also be
able themselves to switch the light in their room on
and off at night.
The Joint Commission also recommended organising the detainees’ admission to the facility in such a
way that they can be examined by a doctor as soon as
possible. The doctor currently visits the facility once a
week, while detainees are admitted every of the week.
As a result, detainees sometimes have to wait up to a
week before they can see the doctor.21
During its follow-up visits to Düsseldorf and Wetter
(Ruhr) Juvenile Detention Centres the Joint Commission found that the majority of its recommendations
had not been implemented, although it had been
informed by the supervisory authority that they had in
part been carried out. The Joint Commission is in
further contact with the competent ministry in regard
to this matter.
19
21
National Agency, Annual Report 2014, p. 26 et seqq.
Federal Constitutional Court, file no. 1 BvR 409/09,
22 February 2011, margin no. 31 – juris
20
30
National Agency, Annual Report 2014, p. 29
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