The Commission welcomes the fact that all the windows in the probation group had a large unguarded glass area, allowing plenty of light to enter. Recommendations of the Joint Commission and the reaction of the Authority for Justice and Equality, Hamburg When inspecting the security areas, the Joint Commission became aware of an inmate who, according to the prison governor, had been in solitary confinement for five months because of his state of health and of the very high risk of selfinjury by his taking up drugs once again. The Commission spoke with the inmate. Because of his highly abnormal psychological conduct, a request was made to the prison governor for detailed information from the files. The governor stated that the inmate had been diagnosed as unfit for detention by the prison psychiatrist on 19 December 2011 and that the prison had unsuccessfully applied for an external report on the fitness for detention of the inmate from Stade public prosecution office. The Commission was unconvinced by the position of the public prosecution office, given that the inmate’s condition can hardly be stabilised under the conditions of solitary confinement without providing treatment for his years of drug problems, as well as the associated psychological and organic consequences. The Commission hence urgently recommended to examine fitness for detention and to transfer the inmate to a psychiatric facility in order to promote his health. Treatment of the inmate’s current state was all the more important, given that his sentence was to end on 1 September 2014, and that he would have to be released on this date at the latest. Reaction: The inmate continued to be accommodated in the security wing since, were he to be transferred back to a normal wing, it still had to be presumed that he would consume drugs or medicines once more. Relaxations of the prison regime had however been introduced for the inmate and additional daily care by officers of the prison had been largely ensured. Furthermore, repeated talks had taken place between the prison psychologist, the chaplain, the head of the department, the prison management and the prison governor in order to improve the conditions of the accommodation. Since the end of March, the inmate was accompanied on a daily basis to enable him to exercise outdoors at all. He had been offered a work therapy activity in the wing since mid-April. A transfer to a psychiatric department had however been turned down by the prison governor in the meantime because of his positive attitude towards taking the medicines, and a renewed examination of fitness for detention had been refused by the public prosecution office. A postponement of sentence for implementation of residential therapy in accordance with section 35 of the Narcotics Act (Betäubungsmittelgesetz – BtMG) 43

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