JUVENILE PENAL INSTITUTIONS
several times. Upon written enquiry, the head of the
facility informed the Joint Commission that the
checks are in principle carried out every 15 minutes.
In the Joint Commission’s view, measures to prevent violence amongst prisoners are at any rate to be
welcomed. Given that human rights must be observed, though, it must be ensured that prisoners have
access to sanitary facilities at all times. It should also
be ensured that help is on hand quickly in an emergency.
Response: The amendment made to unlocking times
which the Joint Commission reported has led to a significant
drop in violent attacks during unlocking times. Further
planned organisational restructuring measures will, presumably from March 2015, ensure continuous supervision of
prisoners during unlocking times. Until then, prisoners can,
as in the past, draw attention to themselves by knocking on
the unit door. This already guarantees that a member of
staff will be able to react without delay. In addition, the
units are checked at intervals of at most 15 minutes during
unlocking times.
The walls in both the disciplinary detention rooms
and individual detention rooms in the pre-trial detention unit had graffiti on them and were dirty. A swastika drawn on the wall of one of the disciplinary detention rooms was particularly noticeable. Placement
in a detention room which another prisoner has dirtied or covered with racist graffiti can constitute a
38
violation of human rights.
Whenever a detainee is moved out of a detention
room special attention should be paid to the fact that
comments or drawings of an unconstitutional nature
which may be insulting or constitute provocation for
certain groups of prisoners must be removed as soon
as possible.
Response: Staff in the juvenile and youth detention units
in Neustrelitz always ensure that comments and drawings of
an unconstitutional nature are removed as soon as possible.
Since the Joint Commission’s visit record sheets have also
been developed for the youth detention unit for use when
detainees are moved into or out of their detention rooms,
based on the model applied in the juvenile institution. A
record of damage, stains, comments and drawings is made on
the sheets, and their removal is occasioned at short notice.
The Joint Commission suggests including in section
52 (2) of the Act on Youth Imprisonment an explicit
reference to the fact that correspondence with the
National Agency is not monitored. The same goes
for point 7.2 of the house rules.
Response: An explicit reference to the fact that correspondence with the National Agency is not monitored will
be added to section 52 (2) of the Act on Youth Imprisonment
of Mecklenburg-Western Pomerania of 1 January 2008 as
part of the planned amendment to that Act. The same goes
for the reference in the house rules. There is, by contrast, no
need to include an explicit reference to the fact that correspondence with the National Agency is not monitored in the
draft of the Act on the Execution of Youth Detention of
Mecklenburg-Western Pomerania since there are no stipulations regarding correspondence being monitored during
youth detention (section 16 (2), second sentence, Act on
Juvenile Detention of Mecklenburg-Western Pomerania).
2.5.2 – Positive findings
Neustrelitz Juvenile Institution opened in 2001. As
a result, all the buildings and facilities are in very good
condition. The prison has very pleasant and welltended outdoor facilities, including several ponds,
vegetable patches and greenhouses, a vineyard and a
farm. The buildings are also all light, well looked after
and have a friendly appearance. Only the windows in
the disciplinary detention rooms have perforated
sheets in front of them. The perforated sheets actually allow sufficient daylight to enter the rooms so that
they are adequately lit. The windows can also be
opened, so that sufficient fresh air is available. The
facility also largely does without peepholes, which are
only fitted to the doors to the disciplinary detention
rooms. The delegation was also impressed by the
mother-and-child unit, especially its child-oriented
design, furnishings and fittings.
The Joint Commission would like to make positive
mention of the fact that prisoners are given overalls to
wear when they are placed in the specially secured
room. In view of the need to observe human rights,
this option is more preferable than the use of paper
clothing, such as that used in other prisons. Depending on requirements, a mobile partition wall can be set
up in front of the sanitary facilities in the cell which
has CCTV monitoring so that the privacy of the person detained is sufficiently guaranteed.
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see Federal Constitutional Court, order of 15 July 2010, file no. 2
BvR 1023/08
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