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 56

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