CAT/C/DEU/CO/6
seekers and migrants are promptly, effectively and impartially investigated, and those
responsible are prosecuted and appropriately punished;
(e)
Individuals subject to deportation are treated with dignity and respect,
and are given an opportunity to pack their essential belongings, especially when
vulnerable individuals and minors are involved;
(f)
Measures are taken to prevent acts of violence and intimidation based on
xenophobia, racism, anti-Semitism and islamophobia and to protect citizens from the
harm resulting from such acts.
Solitary confinement
32.
The Committee is seriously concerned that, in many Länder, solitary confinement
may be imposed as a disciplinary measure for up to four weeks for adult prisoners, and two
weeks for juveniles and young adults. It is also concerned that there are significant
differences among the institutions regarding the frequency and duration of solitary
confinement as a disciplinary measure, and specific cases in which solitary confinement
exceeds the time frame permitted by law (arts. 2, 11, 12, 13 and 16).
33.
The State party should ensure that solitary confinement remains a measure of
last resort, imposed for as short a time as possible and under strict supervision and
judicial review with clear and specific criteria for its use, and that prolonged and
consecutive disciplinary sanctions of solitary confinement are strictly prohibited.
Furthermore, the State party should abolish solitary confinement of juveniles and
young adults as a disciplinary measure. The State party should bring its legislation
and practice on solitary confinement into line with international standards,
particularly rules 43 to 46 of the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules).
Physical restraints
34.
The Committee is concerned by the continued use of physical restraints in
institutions in which individuals are held in custody, although it welcomes the judgment of
the Federal Constitutional Court of 24 July 2018 on the use of physical restraints in
psychiatric facilities, noting assurances that this ruling will apply to all Länder and extend
to all institutions in which individuals are held in custody. The Committee remains
concerned by the lack of information on the use and regulation of other forms of physical
restraints, including shackling in the form of metal or disposable handcuffs (arts. 2, 11 and
16).
35.
The State party should strictly regulate the use of physical restraints in prisons,
psychiatric hospitals, juvenile prisons and detention centres with a view to further
minimizing their use in all establishments. The State party should ensure the
implementation and enforcement of the judgment of the Federal Constitutional Court
in all Länder and all circumstances.
36.
The State party should further ensure adequate training for all personnel on
the use of physical restraints and harmonization of the permissible means of physical
restraints in all Länder, in accordance with the Nelson Mandela Rules.
Investigation of allegations of criminal conduct by police officers
37.
While welcoming the establishment of ombudspersons in several Länder to facilitate
the independent and impartial investigation of allegations of criminal conduct by police
officers, the Committee remains concerned that in other Länder and at the federal level, no
such mechanism exists. The Committee is concerned that the State party does not consider
it necessary to establish such a mechanism at the federal level, despite the recent judgment
by the European Court of Human Rights in Hentschel and Stark v. Germany,1 and other
reports by civil society that investigations of police misconduct have been inadequate.
1
Application No. 47474/15, judgment of 9 November 2017.
7