VISITS BY THE JOINT COMMISSION the Interior of Baden-Württemberg, especially the reference to the Federal Court of Justice’s judgment 41 of 4 September 2014 in the Oury Jalloh case (according to which continuous optical surveillance had been necessary) only refer to such aforementioned individual cases of people who are either drunk or suicidal and thus do not conflict with the Joint Commission’s opinion. Nevertheless, the Joint Commission was informed during its visit to the police station that continuous CCTV monitoring was not only carried out in such exceptional cases, but that it was standard procedure. This contradicts the explanations provided by the Ministry of the Interior, namely that “CCTV monitoring is not carried out continuously, but only to the extent provided by law and only where the conditions provided under the Police Act are 42 met”. Further, the custody checks were carried out using the surveillance camera, as the Joint Commission learned when it inspected the police station’s custody record book. The Joint Commission therefore once more emphasises that CCTV monitoring can on no account be a substitute for regular, direct cell checks by duty officers, but that it can at most be supplementary to such checks. be available, for instance to explain the situation and procedure to those taken into custody. Incidents which occurred in Chemnitz North East Police Station serve as an example of this type of problem and how difficult it is to handle the ensuing conflicts: People of African origin taken into custody have on several occasions in the past begun hitting their head against the cell wall intent on hurting themselves. To stop these people self-harming, they were required to wear a police helmet. The officers in the police station are aware that this is not an appropriate solution to the problem. The Joint Commission recommended acquiring suitable protective headgear to prevent head injuries. In addition, it recommended finding a way of dealing with this special problem, which, according to the officers, mainly occurs in one particular cultural group. In any case, a special register should be kept in the police station of such special incidents, as is already the case in Frankfurt am Main Police Headquarters. Systematic documentation is the only way in which the reasons for self-harm and other special incidents can be analysed and suitable counter-measures then taken. 4.1.4 – Requiring detainees to fully undress prior to a physical search 4.1.3 – Dealing with conflicts arising due to communication problems During its visit to Frankfurt am Main Police Headquarters the Joint Commission noted that people taken into custody are always searched after being required to fully undress. Having to fully undress represents such serious interference with a person’s privacy that the circumstances of each individual case 44 must always be weighed up first. The Joint Commission believes that it is not permissible to issue a general order to carry out physical searches only after a person has fully undressed. When conflicts arise, dealing with people with a different cultural background and with whom communication is difficult or impossible presents a particular challenge for police officers. Officers then have to deescalate the conflict without being able to resort to language as a means of communication. Knowledge of the specific cultural background of the people in question is helpful in order to be able to better assess a person’s behaviour. Especially those officers working in police stations which have reception centres within their district, for example, should be sensitised to this issue and supported by means of relevant measures. Taking part in one single intercultural skills training seminar, as detailed by the Ministry of the Interior of 43 Saxony, is not sufficient. To avoid situations escalating due to communication problems, it should be possible to call in external interpreters for commonly spoken languages at short notice, or at least for it to be possible to get them on the telephone at short notice. Further, information sheets translated into the most important/most frequently spoken languages should 4.2 – FACILITIES VISITED 4.2.1 – Leipzig Central Police Custody, 12 February 2014 The Joint Commission visited Leipzig Central Police Custody on 12 February 2014. The Central Police Custody is part of Leipzig Regional Police Headquarters. It has 42 custody cells (single-occupancy cells with a plank bed), eight dryingout cells and six multi-occupancy cells for detaining several people for a short period of time. At the time of the visit there was one person being detained in custody. 41 Federal Court of Justice, judgment of 4 September 2014, file no. 4 StR 473/13 42 see response of the Ministry of the Interior of BadenWürttemberg, p. 50 43 see response of the Ministry of the Interior of Saxony, p. 53 44 cf. Federal Constitutional Court, order of 4 February 2009, file no. 2 BvR 455/08, margin no. 35 (juris) 48