2.1 – POSITIVE EXAMPLES 2.2 – FINDINGS AND RECOMMENDATIONS The National Agency highlighted several positive examples during its visits. These included: In the police stations in Berlin, an information leaflet was available specifically for juveniles. This leaflet informs juveniles of their rights and obligations in age-appropriate language. Tempelhof Custody Unit has good facilities with plenty of space. For example, there are custody cells that are specifically designated as waiting rooms with tables and seating, as single and multiple-occupancy custody cells for persons remaining in custody overnight, and as cells appropriate for persons suffering from claustrophobia. The National Agency also welcomes provisions in Police Custody Regulations that include specific rules on fundamental rights issues and preventive measures. The Police Custody Regulations of the Land of Rhineland-Palatinate, for example, stipulate that the emergency call bell must be tested before and after each occupancy to ensure it is working correctly. The Code also requires that written notice of rights be provided, regardless of the reason for the deprivation of liberty. A further provision establishes that stripsearches may only be conducted when there are factual indications that justify this intrusive measure. In Munich Police Station Support Services Division 6, an information board is displayed in the entrance area to the custody cells that provides information in numerous languages on the rights of persons deprived of their liberty. In Garbsen Police Station in Lower Saxony, a notice is displayed with information in various languages about emergency legal services. A particularly positive initiative was found in Mitte Police Station in Hannover, where the text informing detainees of their rights had been recorded on tape in various languages. This makes it possible to provide information, as required by the German Code of Criminal Procedure [Strafprozessordnung], to persons who are unable to read by simply playing the soundrecording of the text. The Regional Police Headquarters of SaxonyAnhalt South ensures that there is staffing assigned exclusively to custody facilities throughout every shift. A benefit of this is that the officers concerned have extensive experience with persons being detained in custody. The same measures are also in place in the stations visited in Hamburg. 2.2.1 – Physical restraint In a number of police stations in the Länder Bavaria, Brandenburg, Bremen, Hamburg and North Rhine22 Westphalia, physical restraint is still used. 23 Physical restraint should not be applied in police stations. The use of physical restraint constitutes a serious interference with a person’s freedom, and also poses considerable health risks. Therefore, the use of physical restraints must be subject to special requirements such as the appropriate and correct application of a strap-based system. A person subject to physical restraint must also be observed continuously and personally by a trained member of staff who is in direct proximity to the detainee (known as “Sitzwache”). The detainee must also be examined regularly by a doctor. Physical restraints are not used at all, for example, by the Federal Police or by the Länder Police in Baden-Württemberg, Berlin, Mecklenburg-Western Pomerania, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia. In cases where these police forces find that a person does need to be physically restrained, the person is transferred to a psychiatric clinic. In its latest report on its visit to Germany, the CPT also calls upon the police authorities to put an end to the practice of 24 physical restraint. 2.2.2 – Shackles 25 In numerous police stations, shackling is used in custody facilities in the form of metal handcuffs or disposable plastic cuffs similar to cable ties. However, these can cause bruising or pinched nerves. In order to protect the right to physical integrity, any shackling in custody should be carried out using 26 textile hand restraint belts , which should be kept in stock at all times. In one police station in Brandenburg, there were wall recesses with metal fixtures for shackling detainees in custody cells and in the corridor of the custody suite. The National Agency finds that tying persons to the wall violates their human dignity and must be avoided without exception. 22 See Chapter II. 4.4 – “Physical restraint”. Ibid. 24 See CPT report on its visit to Germany in 2015, CPT/Inf (2017) 13, margin no. 33. 25 See Chapter II. 5.2 – “Shackling”. 26 An example of this can be seen in the model used by FRONTEX during deportation flights. 23 30