Publication highlights
measures to ensure that immigration detainees are accommodated instead in
centres specifically designed for that purpose, meeting the criteria set out by
the Committee.
In their response, the German authorities underline that in nearly all of the
Länder concerned, immigration detainees are kept separate from prisoners
and that in some, detention pending deportation is enforced in entirely distinct
facilities. Given the low numbers involved, the current situation is considered
appropriate; the authorities argue in particular that accommodation in a prison
allows detainees to benefit from the various care services (such as psychologists, health care or social welfare staff). As for the recommendations made
in the visit report concerning material conditions, the regime and visits at the
unit for immigration detainees at Munich-Stadelheim Prison, the German
authorities state that renovation work has been carried out, recreational
activities enhanced and the visit entitlement increased from one hour to four
hours per month.
71. As regards the situation of persons subject to preventive detention
(“Sicherungsverwahrung”), the delegation found that the differentiation between
preventive detention and the execution of prison sentences, as enshrined in
German law (Abstandsgebot), was not being effectively implemented at Freiburg
Prison at the time of the visit. The conditions of detention of the persons
concerned were scarcely better than those of sentenced prisoners and there was a
shortage of psychological care and therapeutic activities. This was acknowledged
by the establishment’s management, and steps were already being taken to
improve the situation.
The CPT’s visit took place at a time when the entire system of preventive detention in Germany was undergoing major reform, in the light of recent judgments
of the European Court of Human Rights and the German Constitutional Court.
In their response, the German authorities describe in detail the new projects of
the different Länder for the enforcement of preventive detention.
72. The report notes that surgical castration is applied to sentenced sex offenders in a few Länder, in rare cases. The CPT makes clear its fundamental objections to the use of surgical castration as a means of treatment of sex offenders
and has recommended that this intervention be discontinued, in that context, in
all Länder. In their response, the German authorities state that they do not share
the CPT’s views and, in particular, refer to scientific evidence of the effectiveness
of surgical castration to prevent reoffending. Nevertheless, they indicate that it is
currently being reviewed whether this issue should be discussed in the context
of a debate involving representatives of several disciplines, and also with regard
to ethical aspects.
Report and response published February 2012, CPT/Inf (2012) 6
and CPT/Inf (2012) 7
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents