Reaction: In accordance with Article 65 of the Bavarian Police Tasks Act
(Polizeiaufgabengesetz), it was permissible to bind persons. In individual cases
(e.g. with particularly dangerous or aggressive persons) it was also permissible to
bind the legs or even the entire body. This could also be carried out such that the
restraining rings available in the security cell were also used. In the rare cases in
which this was applied, Munich Police Headquarters ensured the constant observation of persons who were cuffed in this way so that they were permanently monitored for their protection. It was currently also examining the procurement of a
system which would further improve the protection of the person who was to be
fixed.
When being taken into the detention facility of Complementary Services 6 Police
Station, it should be ensured in each case that the inmate has already been given
the opportunity to make use of his/her rights. This must be subsequently carried
out immediately where necessary. One inmate complained of not having been
able to contact his lawyer.
Reaction: Persons were notified of their right to contact a lawyer at the latest
when they were accepted in the detention facility. Moreover, Police Headquarters
was revising an information board that was available in the entrance area of the detention facility, which amongst other things also provided information on this right
in several languages.
Name badges should also be introduced in the detention facility, as is the case in
some other Federal Länder.
Reaction: Officers must identify themselves on request in accordance with Article 6 of the Bavarian Police Tasks Act. Additionally, the letter of the Interior Ministry of 11 April 2000 had regulated the wearing of name badges. There were no objections against wearing name badges in public relations work, for road safety instructors or contact officers and in similar functions in which conflict situations
are virtually ruled out. Bavarian police officers did not wear name badges when on
guard or on patrol. The area of the detention facility was not exempted from this.
The diary kept in the station contains a column entitled “particular incidents“,
without defining what these are. The Joint Commission considers there to be a
need for a list of specific incidents to be stipulated which are always to be included in the diary. This should include for instance patrols (which moreover are
documented at Police Station 16, which was also visited). It was also proposed to
re-examine introducing an electronic prison record book in order to make it easier to trace the incidents to an inmate.
Reaction: Patrols, other events and other special incidents were properly and
comprehensively recorded. The “written” inclusion of the person took place in the
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