STANDARDS
Where an enquiry contains information regarding
serious shortcomings, the National Agency will, with
the consent of the person submitting the enquiry,
contact the competent authority. In one instance this
led to someone being examined a second time by a
doctor not affiliated to the facility to establish wheth-
er he was in fact fit to be detained. Where an enquiry
indicates that there is a risk of suicide or that someone
is a danger to others, the National Agency will also
immediately contact the head of the facility concerned.
5 – STANDARDS
The National Agency has standardised its recommendations in respect of complaints it has repeatedly
raised in the past.
they wish to do so. Irrespective of this, at least one
shower in each shower room should be partitioned
6
off.
5.1 – PROTECTING PRIVACY
5.2 – PHYSICAL RESTRAINTS
5.1.1 – Video surveillance
The use of physical restraints should be ordered only
as a measure of last resort and on the basis of clear and
strict conditions, and should be applied only for the
shortest possible period of time. Physical restraints
should be applied in as careful a manner as possible,
which is why the use of systems of belts or bandages is
recommended. The use of metal devices should always
be avoided on account of the high risk of injury. Out
of respect for a person’s sense of shame, it should be
examined on a case-by-case basis whether the person
concerned can change all or some of their clothes to
ensure they are wearing clothing which is suitable or
provided specifically for this purpose. Having to fully
undress and wear only the underpants provided, as a
standard procedure, is degrading and engenders a
feeling of shame. Along with continuous, direct observation by a member of staff (known as “Sitzwache”),
anyone who is subject to physical restraint must be
checked on regularly by a doctor. Comprehensible and
comprehensive written documentation of the entire
procedure must be provided each time a person is put
under physical restraint.
In view of the possible risk of injury and to ensure
full respect for human dignity in prisons, the practice
adopted in Diez Prison, for example, is regarded as
exemplary: A system of belts on a hospital bed in the
prison infirmary is used whenever physical restraint is
required. This guarantees medical supervision of the
7
person put under physical restraint.
Privacy must be protected in a suitable manner
wherever people are deprived of their liberty. Where
video surveillance (CCTV monitoring) is in operation,
this can be achieved, for instance, by pixellating images of the sanitary facilities. If need be, it may be conceivable, in carefully considered, substantiated and
documented individual cases, to permit unrestricted
monitoring of a cell where there is an acute danger of
self-harm or suicide. The person concerned must at
any rate be informed of the fact that optical surveillance is in operation. The surveillance must be apparent or at least perceptible to the person concerned;
4
covert video surveillance is not permissible.
5.1.2 – Peepholes
Peepholes should not be used without giving advance warning by means of knocking on the door or
some other prompt. This especially applies where a
toilet is in full view of the person looking through the
peephole. The detainee must be informed about the
fact that the peephole will not be used without advance warning being given when they use the toilet.
5.1.3 – Clothing worn in specially secured rooms
When placed in a specially secured room containing
no dangerous objects, both male and female detainees
should be given a pair of paper underpants and a paper
5
shirt to wear.
5.3 – SOLITARY CONFINEMENT
5.1.4 – Communal showers
Those who have been deprived of their liberty
should be given the opportunity to shower alone if
To mitigate the negative consequences of solitary
confinement on the mental and physical health of the
person concerned, sufficient opportunity to engage in
4
6
5
National Agency, Annual Report 2013, p. 27–28
cf. National Agency, Annual Report 2013, p. 83
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15
see p. 42 below
cf. National Agency, Annual Report 2012, p. 20
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