VISITS BY THE JOINT COMMISSION 3 – PRISONS other reasons, the staffing situation is strained due to the high rate of absences. The facility provided the Joint Commission with the relevant figures to underscore this point. The Joint Commission suggests reviewing the staffing situation in Schwäbisch Gmünd Prison. Response: As regards the staffing situation it should be noted that other prisons in Baden-Württemberg are also overstretched on account of significant absences, which is why it does not appear necessary to support Schwäbisch Gmünd Prison, for instance by issuing orders, especially since the occupancy rate, as noted in the report, is currently well below capacity. The shower rooms which the Joint Commission inspected do not have any partitions between the individual showers. The visiting delegation was told that there used to be partitions between the showers. However, after these led to mould developing in the shower room, the decision was taken to remove the partitions. The head of the facility explained that the long unlocking times meant that it was possible for prisoners to shower alone if they wished to do so. The delegation welcomed this fact. Irrespective of that, the Joint Commission recommends partitioning off at least one of the showers. Response: There do not appear to be any deep security concerns which would speak against partitioning off one shower in each shower room in the women’s prison. The Ministry is therefore happy to take up the Joint Commission’s recommendations and has passed them on to the relevant building authority. 3.1 – SCHWÄBISCH GMÜND PRISON, 28 JULY 2014 The Joint Commission visited Schwäbisch Gmünd Prison on 28 July 2014. Schwäbisch Gmünd Prison is responsible for enforcing prison sentences, youth imprisonment, preventive detention and pre-trial detention against women. It can accommodate 341 detainees in its closed unit and 14 in its open unit. At the time of the visit the prison was holding 290 prisoners, nine of them in the open unit. Of the 281 women being detained in the closed unit, 35 were in pre-trial detention and 21 were undergoing youth imprisonment. Amongst other things, the delegation inspected the units for those serving long-term sentences, youth imprisonment, pre-trial detention, the specially secured rooms in various units, a disciplinary detention room, the preventive detention unit, the prison infirmary and the visiting area. The visiting delegation also spoke with several prisoners, with the prison doctor, the staff representative and the spokeswoman for Block 1 (long-term sentences). 3.1.1 – Recommendations and response Schwäbisch Gmünd Prison has several specially secured rooms which have a squat toilet, but no CCTV monitoring. Only one of the four specially secured rooms has a peephole through which the toilet is in full view. Providing people deprived of their liberty with humane conditions of detention also requires that measures be taken to protect their private and intimate sphere. This also applies to those placed in a specially secured room. Here, too, the privacy of someone who is going to the toilet must be protected by taking appropriate measures. Only where there is an acute risk of suicide or self-harm does it appear conceivable, in very carefully considered, substantiated and documented individual cases, for unrestricted monitoring of the room to be permissible. Response: On the grounds of the protection of life, this form of (thorough) monitoring should not entirely be relinquished. During its visit the delegation was told of the very difficult staffing situation in Schwäbisch Gmünd Prison. It was also informed that Block 2 is currently not in use on account of staff shortages. Amongst 3.1.2 – Positive findings Schwäbisch Gmünd Prison is a former Dominican monastery which is in very good structural condition and has spacious, well-tended grounds. The good atmosphere, the homely furnishings and the cleanliness of the prison should be emphasised. The prison offers prisoners diverse activities and job and training opportunities. Particular positive mention should also be made of the medical care available in the facility. It has a very well-equipped infirmary led by two highly committed doctors (1.5 posts) and their team. One prison doctor spoke to the delegation about the main emphases of his work and his daily surgery hours. Cooperation with external doctors and clinics, such as the Staufer Clinic, and other specialists (e.g. a psychiatrist, dentist and gynaecologist) who visit the facility once a week works very well, he said. 42

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