could not take place until 23 July 2012 at the earliest. The inmate was motivated
and already had prospects of obtaining a therapy place.
On the basis of the information which the prison had provided, the Joint Commission shared the view that it was not possible to consider transferring him
back to a normal wing at present since the anticipated narcotics abuse would still
put the inmate’s life in danger because of the existing acute health damage.
However, particularly because of this highly-serious danger, it did not consider
the treatment plan that had been outlined to be convincing, and was concerned
as to whether this solution would turn out to be right and beneficial to the inmate. The immediate implementation of in-patient therapy in accordance with
section 35 of the Narcotics Act straight from solitary confinement tended to pose
a risk that the inmate would not be able to resist the temptations that unfortunately frequently arise in an external therapy facility, that is to quickly come into
contact with drugs once more. The Commission would have welcomed this being
proceeded by a measure to motivate him to undergo therapy within the prison as
against immediate participation in residential, external therapy, in order to guarantee sensible, sustainable preparation for the therapy. The supervisory authority
however informed the Commission by letter dated 22 August 2012 that the inmate had been released on 24 July 2012.
The “security area” in Fuhlsbüttel prison has 21 cells, four of which were occupied at the time of the visit. Solitary confinement and cellular confinement are
executed in the security area. In doing so, a distinction is made between three
types of cell which are graded in accordance with various security levels: Observation rooms only differ from normal cells by virtue of the fact that a surveillance
camera is installed, that there is a squat toilet and that all items are removed
(apart from the bed). The “moderate security cell“ differs from the “serious security cell“ in the possibility of fixation and the type of clothing for the inmate who
is accommodated there.
The various rooms have been used as follows in the last two years:
2010
2011
Observation room
13
16
Moderate security cell
2
5
Serious security cell
-
2
Metal handcuffs and footcuffs were used as a fixation device. This set of tools is
not acceptable since excited persons in particular may undergo serious injuries.
The Commission recommended the use of a belt system, as is now customary in
most prisons and in psychiatric clinics. What is more, the fixed person should
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