GENERAL INFORMATION ABOUT THE WORK OF THE NATIONAL AGENCY
priving people of their liberty are enforced. Now that
the number of members of the National Agency has
been increased, it will also be devoting more attention
to the issue of care homes and nursing homes for the
elderly. To gain insights into practical aspects of such
visits, representatives of the National Agency accompanied the Austrian Ombudsman Board, which has
been conducting such visits for many years, on visits
to Austrian care homes and nursing homes for the
elderly. In addition, some of the members of the
National Agency dealt with the issue of respect for
human rights in policing during a meeting with the
Austrian Ministry of the Interior.
A further meeting of German-speaking preventive
mechanisms is planned for 2016 at the invitation of
the Swiss National Commission on the Prevention of
Torture.
During their trip to Vienna members and staff of
the National Agency took part in a seminar organised
by the Ludwig Boltzmann Institute of Human Rights
on interviewing people in places of detention.
3 – STANDARDS
The National Agency has a preventive remit. Its
recommendations are not only supposed to be implemented in the facilities it visits but in all the relevant
facilities across Germany. That is why the supervisory
authorities are called to translate any recommendations made in regard to a specific facility to other
comparable facilities within their area of responsibility. The National Agency has also standardised its
recommendations concerning recurring complaints.
In the period under review it focussed on police custody facilities and developed standards in regard to
these facilities. These are set out in section III.4.
warning by means of knocking on the door or giving
some other prompt. This especially applies where a
toilet is in full view of the person looking through the
peephole. Detainees must be informed of this fact.
3.1.3 – Clothing worn in specially secured rooms
When placed in a specially secured room containing
no dangerous objects detainees should be given at
least a pair of paper underpants and a paper shirt to
wear.2
3.1.4 – Communal showers
Those deprived of their liberty should be given the
opportunity to shower alone if they wish to do so.
Irrespective of this, at least one shower in each communal shower room should be partitioned off.3
3.1 – PROTECTION OF PRIVACY
3.1.1 – Video surveillance
Privacy must be protected in all places where people
are deprived of their liberty. Where video surveillance
(CCTV monitoring) is in operation, this can be done,
for instance, by pixelating images of the sanitary facilities. If need be, it may be conceivable, in carefully
considered, substantiated and documented individual
cases, to permit unrestricted monitoring of a detention room or cell where there is an acute danger of
self-harm or suicide. The person concerned must at
any rate be informed of the fact that optical surveillance is in operation. The surveillance must be apparent or at least perceptible to the person concerned;
covert CCTV monitoring is not permissible.1
3.2 – PHYSICAL RESTRAINT
The use of physical restraints should be ordered only
as a measure of last resort and on the basis of clear and
precisely defined conditions, and they should be applied only for the shortest possible period of time.
Physical restraints should be applied in as careful a
manner as possible, which is why the use of systems of
belts or bandages is recommended. The use of metal
devices should be avoided on principle due to the high
risk of injury. Out of respect for a person’s sense of
shame, it should be examined on a case-by-case basis
whether the person concerned can change all or some
of their clothing to ensure they are wearing something
suitable or provided specifically for this purpose.
Those under physical restraint should at least be given
a pair of paper underpants and a paper shirt to wear.
Along with being kept under continuous, direct ob-
3.1.2 – Peepholes
Many prisons do not make use of available peepholes. The National Agency therefore raises the question of whether they could be done away with entirely.
In those cases where doors are still fitted with peepholes, these should not be used without giving advance
2
3
1
National Agency, Annual Report 2013, p. 27 et seq.
14
See National Agency, Annual Report 2013, p. 83
See National Agency, Annual Report 2014, p. 42
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents