cide-preventing clothing was hence no longer necessary against this background.
The room would be likely to be available from January 2013 onwards. The decision
to also be able to see into the toilet area with the camera, and hence not to permit
any gaps in observation, which inmates might use to commit unobserved suicidal
acts, was based on security considerations. Pixelation was hence necessary for the
protection of the inmates in the toilet area too. It should also be considered that
monitoring with the camera was only carried out if it had been ordered. This was
necessary when no other less incisive, equally effective means was available to avert
risks.
The Commission was shown a “settlement cell”. It was not possible to completely explain to the Commission the prerequisites for its use and the legal foundation. The “settlement cell” is equipped with sanitary facilities made of stainless
steel, as well as with furniture which is fixed to the floor: bed, table and chair.
The prison governor explained that no special cells were available for the execution of cellular confinement, and hence the settlement cell was also used for this
purpose. Terms that are not listed or clearly defined in the Act or in other provisions lead to legal uncertainty among inmates and also among staff, so that a
clear context must be created for the use of the cells.
Reaction: The legal situation for the use of the settlement cell was unambiguous.
A person was accommodated in such a cell after a special security measure had
been ordered in the shape of segregation in accordance with section 88 subsection (1) no. 3 of the Prison Act. The measure was only ordered on the basis of this
provision after exercise of discretion if an inmate acted in an aggressive manner
towards persons or things. As was already made clear by the equipment, it was a
less incisive means in comparison to accommodation in the specially-secured cell,
and could as such also be necessary in individual cases. The execution of cellular
confinement in this cell was also not problematic since section 103 of the Prison
Act of the Federation, which was still valid in Brandenburg, only contained statements on the prerequisites for ordering cellular confinement, but not on the execution or characteristics of a cell in which cellular confinement was carried out.
Modern prison sentences should be implemented in the context of manageable
care and treatment in detention in accommodation groups in order to offer inmates a social learning environment. The implementation of section 143 subsection (2) of the Prison Act has not yet been completed. The prison governor stated
that an expansion of the distinction made on completion of the new detention
building in January 2013 would be carried out. There were plans for instance to
establish a care group to prepare for release.
55
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