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