2.3.7 – Mattresses in custody cells
revealed that some people were detained in the mass
detention center for over 20 hours, or even several
days. This clearly does not correspond with the short
detention periods of just a few hours that had been
planned by Hamburg Police. The National Agency
takes a critical view of this finding. Some multipleoccupancy cells, which according to the National
Agency’s minimum standards should not have held
more than two detainees, were used to detain three
persons over an extensive period of time.
Minimum standards in terms of cell size must also
apply to detention in a mass detention center,
regardless of the duration of the placement. For
single-occupancy custody cells, the National Agency
has set a minimum standard of at least 4.5 square
meters of floor space. For multiple-occupancy custody
cells, a minimum floor space of 3.5 square meters per
person, as well as adequate seating, are required.
Facing walls in custody cells must be separated by a
distance of at least two metres, and the ceiling must be
considerably higher than two metres.
During the visit to the mass detention center at the
time of the Summit, it was found in a number of
individual cases at least that detainees were held
overnight without being given a mattress. Instead,
they had received only a thin blanket. It became
apparent that these individuals had not been informed
that they could have a mattress, and therefore did not
request one.
2.3.4 – Access to a lawyer
Throughout the duration of the Summit, the
emergency legal services ensured lawyers could be
contacted at all times. A coordinating group within
the mass detention center was responsible for
assisting detainees in contacting a lawyer. On site, it
was found that in some cases it took several hours for
detainees to be able to contact a lawyer. Given the
provisions made at the assembly point, it is not clear
why this was the case.
2.3.5 – Prompt judicial hearing
The documents provided and interviews with
detainees and one judge revealed that it took several
hours – in one particular case, seven hours – until
detainees were brought before a judge. However, no
clear reasons could be seen that would justify such a
delay. This leads to doubts as to whether persons
detained in the mass detention center were assured a
prompt judicial hearing in all cases.
2.3.6 – Length of time before release
The documents consulted showed that in a large
number of cases several hours passed between the
judicial hearing and release. If the judicial hearing
does not result in a detention order being issued, the
person concerned would have to be released
immediately.
35
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