VISITS BY THE JOINT COMMISSION
The Joint Commission therefore recommends installing night lighting in the custody cells (e.g. a dimmable lamp or a nightlight). This is, incidentally, already provided for under section 5 (5) of the Police
Custody Regulations.
Response: The Hesse Police Custody Regulations currently do not include such a rule. If this recommendation were to
be followed, 95 of the cells in the custody suite in Frankfurt
am Main Police Headquarters which have a bed would
have to be retrofitted accordingly. Cost-effective implementation (across Hesse) is being examined.
also apparent in her staff’s positive and open attitude
towards their task.
Response: This is the result of a targeted and careful selection process. Well-trained staff with very good social and
intercultural skills, who can react calmly to stressful situations and routinely handle the tasks assigned to them, are
particularly important in police custody.
The head of the custody unit made several suggestions to the delegation regarding how the situation in
custody could be improved, for example by using
impact-absorbing materials to reduce the in-cell risk
of injury. The Joint Commission expressly welcomes
such initiatives and advises the Ministry to give favourable consideration to these practical suggestions.
Response: The Commission was told during the visit that
using this material in the drying-out cells may minimise the
risk of injury to those who are disoriented/incapable. The
material has already been examined by Frankfurt am Main
Police Headquarters. However, manufacturers were unable
to guarantee that the material would not give off any fumes
when used in an enclosed space with no fresh air supply or
that it was disinfectant-proof, which is why the idea was
not pursued any further.
Further emphasis must be given to the fact that neither physical restraints nor a straight jacket are used
in the central custody unit. In addition, a separate
register is kept of special incidents occurring in the
custody area. In the Joint Commission’s view, this is a
suitable instrument for better assessing special incidents and being able to take measures to prevent them
occurring.
Response: Police custody units in Hesse will continue
their practice of not applying such measures.
Personal items which are removed from people
when they are taken into custody are kept in separate,
sealed plastic bags. After the end of a period in custody the contents of the bag are returned to their
owner.
The Joint Commission has noted during its visits
that personal effects are handled differently. Sometimes belongings are kept in open boxes, sometimes
they are locked away in lockers. On occasion the safe
deposit of personal effects and/ or valuables can lead
to considerable insecurity on the part of those being
detained, even if there is absolutely no objective reason. That is why the Joint Commission believes that
placing personal belongings in a bag is the most effective means for eliminating any insecurity, and that this
can also contribute effectively to de-escalation.
Further suggestions for improving the
conditions of detention
Up until now staff working in the custody area have
been able to take part in hardly any specific training
courses. In the opinion of the Joint Commission,
staff need to be trained to deal with typical situations
which arise in custody (e.g. dealing with those who use
addictive substances, drunk or mentally sick people,
use of direct force, de-escalation). These issues should
already be addressed during initial training. The Joint
Commission therefore recommends developing special training and development modules for those
working in police custody.
Response: The Hesse Police Academy offers a wide range
of seminars which deal with custody situations in diverse
ways. The following topics have been addressed so far:
legislation (Police Custody Regulations, Code of Criminal
Procedure, Hesse Act on Public Safety and Order), including the duration of deprivation of liberty, duty to instruct, a
person’s fitness to be detained etc.; intercultural skills (ability
to work under stress, conflict prevention); communication
(and dealing with existing conflicts); deployment training
(e.g. tactical approach to entering cells).
This list is by no means complete. However, it shows that
the police in Hesse provide a diverse range of information on
“police custody” both in training courses and as part of initial
police training.
A special seminar geared exclusively to staff in the custody
service of the Hesse police is currently not felt to be necessary,
because the aforementioned topics are addressed extensively
in various seminars.
Positive findings
The delegation saw during its visit that the head of
the central custody unit manages the area under her
responsibility sensitively and empathetically. This is
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