POLICE STATIONS
technical adjustments to CCTV cameras which have already been installed is being examined.
According to staff, it is the admitting officer who is
responsible for instructing those taken into custody about their rights. Officers in the police station are
not always able to check whether those taken into
custody have been instructed about their rights in full.
In particular, they are not in a position to give such
instruction at a later point in time, since they lack the
competence to do so.
It is of key importance for the Joint Commission
that people are fully informed of their rights before a
measure depriving them of their liberty, irrespective
of the legal basis therefor. Particular emphasis should
here be given to the right to inform family members or
trusted third parties, to call in a doctor and consult a
legal adviser. Especially when someone is taken into
custody it should be possible to ascertain whether
they have been fully instructed of their rights. If need
be, it must be possible to give such information at a
later point in time. This should at any rate be done in
writing.
Response: Pursuant to existing formal requirements under applicable legislation (generally the Hesse Act on Public
Safety and Order and the Code of Criminal Procedure),
people who have been taken into custody or who have been
arrested must immediately be informed of why the measure
depriving them of their liberty is being enforced. In addition, they must be informed of other rights linked to the
deprivation of liberty.
According to statutory provisions set out in federal and
Land legislation, each detained person is given the opportunity to inform a family member or a trusted third party.
They are informed of this fact unless there is a risk of collusion. In Hesse, this information is provided ex officio if the
detained person is incapable and the information does not
conflict with their presumed will (section 10 (4), Hesse
Police Custody Regulations).
Special forms (which differ depending on the grounds for
arrest) are available. If necessary, interpreters are also
called in to inform those taken into custody of their rights.
The Police Custody Regulations are currently being revised/updated. The recommended additions have already
been made to the Admissions Report form available in the
electronic processing system used by the police in Hesse (obligatory fields to document that the information has been
given have been added).
People are always required to fully undress when
they are taken into custody. Searches which are done
after a person has had to fully undress represent seri50
ous interference with the general right of privacy. It
must, therefore, be weighed up in each individual case
whether there are grounds to justify such interference.
It must be considered that people who are taken
into custody, like pre-trial detainees, may only be
subjected to those restrictions which are absolutely
unavoidable. This principle is also expressed in section
34 (3), second sentence, of the Hesse Act on Public
Safety and Order, in accordance with which detained
persons may only be subjected to those restrictions
which serve the deprivation of liberty or order for
detention.
By judgment of 27 September 2010 Gießen Administrative Court, for instance, ruled that the physical
search of a female industrial climber who had been
51
taken into custody was unlawful. The court held that
in this specific case there had been no special circumstances which necessitated the detainee having to fully
undress.
Taking account of the above court decision, it must
be made clear that requiring detainees to fully undress
before a search can only be considered after weighing
up the circumstances of the individual case. The requirement that each person must routinely fully undress when taken into custody is, in the Joint Commission’s view, not permissible.
Response: All searches carried out in Frankfurt am
Main Police Headquarters meet the applicable legal provisions. These legal provisions and other associated considerations were explained in detail to the Joint Commission
during the visit. The Ministry explicitly points out that
searches must also be carried out in such a manner as to
guarantee the safety of staff in the police custody suite.
According to statistics kept in Frankfurt am Main Police
Headquarters, approx. 1.5% to 2% of searches on admission
revealed objects which could have been used to commit selfharm or to harm others.
According to staff, detainees are permitted to spend
time outside once a day only after they have been in
custody for 48 hours. However, in the opinion of the
Joint Commission, detainees need to be given the
opportunity to exercise outside in the fresh air for at
least one hour after only 24 hours in custody. This
52
requirement is set out in the CPT standards.
Response: People are very rarely detained in police custody for more than 24 hours. The recommendation will be
followed in future by making use of a specially secured open
space on the sixth floor of the custody area.
It is not possible to regulate the light intensity in
the custody cells, as a result of which people are either
held in custody with the lights on full or in complete
darkness.
51
Gießen Administrative Court, judgment of 27 September 2010,
file no. 9 k 1708/09.GI
52
CPT Standards, CPT/Inf/E (2002) 1 - Rev. 2010, p. 17
50
cf., e.g., Federal Constitutional Court, order of 4 February 2009,
file no. 2 BvR 455/08
55
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