of the prison doctor unconvincing. It appears to be questionable whether understanding for the necessity to undergo therapy and a willingness to cooperate can
develop if no treatment is given, and under conditions of solitary confinement.
The Commission hence advised that it should be examined whether the inmate
could be transferred to a psychiatric facility in order to increase his compliance.
Treatment of the inmate was all the more important since the prison had stated
that his release was scheduled for as early as September 2012. However, proceedings were still pending and the prison was expecting him to be imprisoned for an
additional period of approximately nine months.
Reaction: The criminal convict had been transferred to Aachen prison on
15 February 2012. After a suicide attempt on 13 March 2012, he had been transferred to Fröndenberg prison hospital, from where he had been released to a hospital
in Cologne on 23 March 2012. Detention had been interrupted because of unfitness
for detention. No suicidal intentions had been evident during the entire time of his
detention. It was planned to accommodate him in Essen Land Clinic on 19 March
2012, where an expert report could be carried out as to the question of criminal liability and at the same time the possibility could be examined of committing him in
accordance with section 63 of the Criminal Code (StGB).
The Joint Commission requested detailed information on the circumstances of the
release and the further development, particularly with regard to the planned
drafting of an expert report on the question of criminal liability and the examination of committal to a psychiatric hospital in accordance with section 63 of the
Criminal Code. Furthermore, detailed information was requested on the preparations that had been made for release.
Reaction: An interruption of execution of prison sentence in accordance with section 455 of the Code of Criminal Procedure (StPO) until 22 March 2013 had been
obtained from Cologne public prosecution office. Against the background of the existing unfitness for detention, the planned drafting of an expert report on the question of criminal liability, as well as the examination of committal to a psychiatric
hospital, could not be implemented at present.
The Joint Commission requested to be notified of and informed about the further
steps taken as soon as the interruption of execution of prison sentence had been
suspended for the person concerned.
Several single cells in Building 15 were doubly occupied. The cells have a floorspace of 8.5 m² and do not have a partitioned toilet area. The hip-high wooden
board, which can only be pushed to one side of the toilet area, which is however
open on two sides, did not fulfil the purpose of a sight guard; it was possible to
look into the toilet area unhindered. There was no protection against noise and
smells. According to the prison governor, it was a matter of emergency occupan34
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents