POLICE STATIONS
justified, necessary and not disproportionate. No other,
equally suitable method is apparent. In particular, it cannot
be assumed that monitoring by a police officer posted in front
of the room actually constitutes less severe interference. The
measure also appears appropriate in the narrow sense of the
meaning, since where there are concrete indications that a
person is at risk of harming themselves, greater importance
must be attached to protecting life than to the right to determine the use of one’s personal data.
When inspecting the custody record books during
its visit, the delegation noted that the documentation
was sometimes incomplete both regarding custody
checks and the provision of information about rights.
Although the times at which the custody cells are
checked are noted, sometimes the officers who carried out the check do not add their initials. Careful
documentation serves to protect those taken into
custody as well as officers.
In addition to not signing their initials, officers often did not indicate that they had instructed those
taken into custody about their rights. This is necessary whenever someone is booked in. If someone is
not in a position, when they are booked in, to understand this legal information, it must be provided afterwards, at the latest upon their release. The custody
record book has a special field for such cases, in which
a note can be made of the fact that the legal information was provided at a later point in time. However,
in many cases this field was empty, although it had
been noted when a person was booked in that the legal
information was “not given”. In addition, no note had
been made as to why information about rights had not
been subsequently provided.
The Joint Commission recommends examining how
thorough, full documentation in the custody record
book can be guaranteed.
Response: No. 1.4 of the Baden-Württemberg Police
Custody Regulations of 17 December 2013 already regulates
the full documentation of information relating to custody. In
order to guarantee that information is carefully documented
in the custody record book, regular checks of the books would
have to be done in each police station. The heads of the
organisational units at Aalen Police Headquarters have
therefore once more been instructed to carry out these checks
as part of their supervisory function and, where necessary, to
draw the staff’s attention to their obligation to keep the
records up to date.
The custody cells in the police station do not have
fire detectors. This poses an increased risk for those
detained in custody, because in the event of a fire they
first have to contact a police officer via the intercom.
The visiting delegation was told that no fire detectors
had been installed because they were not deemed
necessary on account of the rooms being continuously
monitored via CCTV cameras. The Joint Commission
doubts whether continuous CCTV monitoring is
equally as reliable as a fire detector.
The Joint Commission recommends installing fire
detectors in the cells in order to guarantee that people
detained in custody are protected in the event of a
fire.
Response: According to the current planning status, fire
detection systems will be installed in all police custody facilities by the end of 2015. Either a vandal-resistant smoke
alarm or an adequately protected smoke extraction system
will then be in operation in the cells.
The custody cells in Winnenden Police Station each
have a wooden plank bed, but no flame-resistant,
washable mattresses. Those who are taken into
custody are only given disposable blankets. In a letter
dated 21 August 2013 (ref. 3-0525/54), the Ministry of
the Interior of Baden-Württemberg notified the Joint
Commission that police stations in BadenWürttemberg had been instructed to immediately
acquire and provide the mattresses and blankets
which so far had been not available.
Providing mattresses in custody cells is already
standard practice, for example, in Federal Police stations and also corresponds to international standards.
Response: The flame-resistance, washable mattresses
which the Joint Commission recommends should be purchased for the cells were acquired immediately following the
visit. The available disposable blankets are likewise flameresistant.
It is not possible to regulate light intensity in the
cells, as a result of which people are either held in
custody with all the lights on full or in complete darkness. The delegation was informed during its visit that
the light in the cells is always on so as to be able to
monitor the detained person via the CCTV camera.
The Joint Commission has serious concerns as regards
having the lights on continuously, because it can deprive those detained in custody of sleep.
The Joint Commission therefore recommends installing night lighting in the custody cells (e.g. a dimmable lamp or a nightlight).
Response: New and existing cells will be fitted or retrofitted with a dimming device, which is installed and operated from outside the cells.
Positive findings
The Joint Commission read in the documents it was
sent that seven “Provocation, Aggression and Violence against Police Officers” training seminars were
run in autumn 2014 as part of the BadenWürttemberg Ministry of the Interior’s Reducing
Provocations, Aggression and Violence against Police
Officers Strategy. In line with the National Agency’s
preventative activities, the focus is in future to be
placed on initial and further training for police offic-
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