separate toilets constitutes a violation of the
34
detainees’ human dignity.
square metres, and multiple-occupancy custody cells
35
for up to five persons measured 9 square metres.
Furthermore, a recommendation was made to
consider the use of textile hand restraint belts, should
shackling be necessary in the custody cells.
In order to expedite processes and limit detention
to the shortest possible period, an outpost of
Hamburg Local Court was set up where there were
judges and interpreters present continuously
throughout the entire duration of the Summit.
During its visit, the National Agency inspected the
actual processes and detention conditions during the
on-going operations at the mass detention center.
2.2.21 – Hygiene products
Essential hygiene products should be kept in stock
in police stations for persons detained in custody.
2.2.22 – Custody suites located separately
from guard rooms
The custody suite at Worms Police Station is
located in another part of the building from the guard
room. It takes several minutes’ walk to reach the
custody suite. This relatively long distance makes
work harder for the officers, for example when
conducting inspections, and also takes up a
considerable amount of time. It is also not possible to
ensure the detainees receive assistance promptly when
required, which is a particular concern in emergency
situations.
2.3.1 – Missing documentation at mass
detention center
Information requested by the National Agency
directly after the visit to the mass detention center
was not supplied, or not supplied in full. The
documents had been added to bit by bit, and were in
parts contradictory. This gave the impression that the
authority in charge did not have an overview of the
duration or details of the detentions that took place at
the mass detention center during the Summit. Given
the imperative of prevention, this is not acceptable.
2.2.23 – Documentation of incidents
In Chemnitz North East Police Station, no access is
available to documentation on self-harm incidents in
custody. The station stated that no such search
function had been programmed into the electronic
custody record book, nor was it required.
The National Agency believes it is necessary to
document self-harm incidents in such a way that the
information can be accessed subsequently. This makes
it possible to analyse reasons for self-harm, to take
suitable preventive measures, and thereby better fulfil
the State’s duty to protect persons being deprived of
their liberty.
2.3.2 – Duration of transfer to custody at
the mass detention center
Assuming the relevant documents supplied are
correct, it appears that in a large number of cases
several hours elapsed between the time the person was
arrested in the street and the point when they were
brought into the mass detention center. It was not
clear from the documentation where these persons
had been held in this period of time, or what had
caused their transfer to the mass detention center to
be delayed by several hours.
2.3 – POLICE ACTIVITIES AT MAJOR
EVENTS
As part of its focus in the period under review, the
National Agency also observed police activity in
connection with major events. A visit was undertaken
for this purpose to the Neuland police mass detention
center in Hamburg-Harburg, which had been set up
for the duration of the G20 Summit in Hamburg.
The mass detention center was first visited
approximately one month before the G20 Summit to
conduct a visual inspection of the facilities. According
to the authority in charge, the mass detention center
was only planned for short-term detention of only a
few hours. Even prior to the initial visit, the National
Agency took a critical view of the size of the cells, as
the single-occupancy custody cells measured only 3.3
2.3.3 – Duration of detention and size of
custody cells
For persons taken into custody under police law, the
mass detention center had 250 places in multipleoccupancy cells for up to five persons. For persons
arrested under the Code of Criminal Procedure, there
were a further 150 places in both single and multipleoccupancy cells. The single-occupancy custody cells
had a floor space of 3.3 square meters, while multipleoccupancy custody cells measured 9 square meters.
In assessing how humane detention conditions and
treatment are, a decisive factor is the duration of the
detention in connection with the size of the custody
cells. The documents and interviews with detainees
34
Federal Constitutional Court, Decision of 22/02/2011, file
no. 1 BvR 409/09, margin no. 30.
35
34
See Chapter II. 5.4 – “Size of custody cells”.
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