this regard at Oberhavel Police Station in
Brandenburg. Once the call system there had been
pressed, officers could only switch it off again from
inside the custody cell itself.
Where the custody suite is located separately from
the guard room or if it is in another part of the
building, an intercom system is advisable.
In many custody cells, the light can only be switched
on or off. It should be possible to adjust the lighting in
custody cells to ensure that persons taken into
custody are able to sleep, while at the same time
reducing the risk of injury and enabling detainees to
find their way in the dark.
It is recommended that access to natural light be
provided, even for short periods of detention.
risks entailed, its use in confined spaces is not a
proportionate measure under any circumstances.
Pepper spray should therefore be avoided in custody
32
facilities.
2.2.11 – Visibility of custody cells
Bremen City Centre Police Station has a short-term
custody cell adjacent to the guard room which is
visible to visitors. This custody cell is used to
accommodate juveniles and other persons who should
not be detained in standard custody cells.
When physical restraint is applied in Police Station
14 in Hamburg, a room is used that is visible from the
station’s guard room through a glass pane. This means
that persons other than the station staff present in the
guard room are also able to see into the room.
When using such areas, it should be ensured that
they are not visible to unauthorised persons.
2.2.8 – Notice of rights
In Brandenburg, Hamburg and MecklenburgWestern Pomerania, persons who have been taken
into custody under the Police Acts of those Länder are
not informed of their rights in writing. Information
leaflets are only provided in cases of deprivation of
liberty under the Code of Criminal Procedure.
In Hannover Mitte Police Station, information
leaflets for persons taken into custody under the
Police Act were only available in German.
Regardless of the legal basis on which persons are
taken into custody, they must be informed of their
rights in writing, immediately and in a language they
understand.
2.2.12 – Right to medical examination
In Solingen Police Station, one officer took it upon
himself to decide whether or not to grant the request
of a person detained in custody to be examined by a
doctor of their choosing.
Every person taken into custody has the right to
consult a doctor. This must be guaranteed in every
case and without exception.
2.2.13 – Respectful treatment
Respect for the privacy of persons detained in
custody should be ensured at all times. For instance,
staff members should indicate their presence in a
suitable manner before looking through a peephole.
The detainee should be given enough time to get
ready before being observed.
Generally, detainees should be spoken to using
polite forms of address.
2.2.9 – Custody documentation
In most of the police stations visited, the custody
documentation was incomplete. Moreover, in some
stations the custody record book does not even allow
for records of important aspects, such as whether
31
information on rights was provided.
Senior officers should check at regular intervals
whether the documentation is complete. These
checks must also be documented.
2.2.14 – Confidentiality of conversations
Persons in custody must be given the opportunity to
have confidential conversations with their lawyers,
doctors or relatives. The CPT has previously stated
that there is no justification for police officers
33
regularly being present during medical examinations.
2.2.10 – Weapons in custody
In a number of police stations in Bavaria, Bremen,
Hamburg, Mecklenburg-Western Pomerania and
Lower Saxony, police officers carry weapons in the
custody suite. Weapons pose a risk in custody
facilities and should be laid down before entering the
custody suite.
The same applies to the use of pepper spray in a
custody suite. Police stations of the Federal Police and
the Saarland Police Force have the option of using
pepper spray. However, due to the significant health
2.2.15 – Basic and further training
Further training on the topics of rights of persons
deprived of liberty, intercultural skills, suicide
prevention and de-escalation are of great importance
32
ECHR, Tali v. Estonia, 66393/10, 13/02/2014, margin no. 78;
CPT/Inf (2008) 33, margin no. 86.
CPT Report of 28/07/2006, CPT/Inf (2006) 36, margin no.
28.
33
31
See Chapter II. 5.11 – “Custody documentation”.
32
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