6 – PRISONS
69
Constitutional Court. Whether or not prisoners
have agreed to be detained together is irrelevant, as
the fundamental right to human dignity is a protected
70
legal interest that cannot simply be dispensed with.
According to the Federal Constitutional Court,
“human dignity is inviolable and thus cannot be
71
restricted […] on the basis of a statutory provision”.
However, pursuant to section 8 (2) sentence 1, Book
One of the Baden-Württemberg Prison Code
(JVollzGB I), multiple occupancy is permissible with
the written consent of the prisoners, even if the
sanitary facilities are not separate and do not have
separate ventilation. The National Agency considers
section 8 (2) JVollzGB I to be unconstitutional.
This type of occupancy must be stopped as a matter
of urgency.
In 2017, the National Agency visited five prisons in
Burg, Karlsruhe, Stuttgart, Berlin Tegel und
Traunstein.
In many of the visited facilities, the National
Agency encountered conditions which constitute a
violation of human dignity and have been declared
unconstitutional by the Federal Constitutional Court.
Some of these failings were down to structural
factors such as the design or size of the prison cells.
Karlsruhe Prison, for example, was built in 1897, and is
structurally unsuitable for a prison system geared
towards prisoners’ well-being. The same is true of
Traunstein Prison. Division II of Tegel Prison is also
unsuitable for the demands of a modern prison
system.
In order to ensure humane detention conditions, it
is absolutely essential that these shortcomings are
addressed.
6.2.2 – Cell size
In both Karlsruhe Prison and Stuttgart Prison,
multiple-occupancy was observed in undersized
prison cells. The National Agency also criticised the
practice of shared accommodation in Traunstein
Prison due to the insufficient size of the cells.
In order for detention conditions to be humane, a
single-occupancy cell must have a floor space of at
least six square metres, excluding the sanitary area. In
cases where the sanitary area is not partitioned, one
further square metre should be added for that area,
giving a total floor space of at least seven square
metres. For multiple-occupancy, a further four square
metres of floor space must be added to this figure for
each additional person, excluding the sanitary area.
6.1 – POSITIVE EXAMPLES
The National Agency highlighted several positive
examples during its visits.
The wide range of exercise and employment
opportunities, for example, is particularly positive, as
are the long out-of-cell times, the provision of
healthcare, and the number of locum doctors who
offer regular office hours at Burg Prison in fields such
as
neurology,
urology,
orthopaedics
and
gastroenterology.
Karlsruhe Prison operates without the use of means
of restraint. Positive mention should also be made of
the fact that staff at Karlsruhe Prison are developing
an assistance guidebook which aims to facilitate
communication between staff and prisoners whenever
language barriers arise.
6.2.3 – Physical restraint
In Tegel Prison, the National Agency
recommended using a specific form in order to
72
document in detail the use of physical restraint. The
documentation of coercive measures must be clear,
detailed and complete. Furthermore, the measure
must be documented in writing. This includes
documenting which less severe measures have already
been tried and an explanation of why they failed.
6.2 – FINDINGS AND
RECOMMENDATIONS
The visited facilities were given recommendations
on the following main topics:
6.2.1 – Multiple-occupancy cells
69
Federal Constitutional Court, decision of 22/02/2011,
1 BvR 409/09, margin no. 30.
Federal Administrative Court, judgment of 17/10/2000, file
no. 2 WD 12/00.
71
Federal Constitutional Court, decision by the Third
Chamber of the Second Panel of 27/02/2002 – 2 BvR 553/01 -,
NJW 2002, page 2699 et seq.
72
See chapter II. 4.4 – “Physical restraint”.
A large number of cells in Karlsruhe Prison and
Stuttgart Prison are shared by multiple prisoners, even
though the cells do not have a fully partitioned toilet
with separate ventilation.
This constitutes a violation of human dignity
according to the past decisions of the Federal
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