FEDERAL POLICE AND CUSTOMS
would not be issued with the general instruction to
knock on the door or draw attention to themselves in
another manner before entering a cell. The Ministry
stated that it must be guaranteed that, for example,
acts preparatory to an attempt to escape or to selfharm or the use of smuggled drugs can be observed
without officers being observed and that these acts are
then prevented.
Bremen Federal Police District Office has found an
alternative to the peepholes: The toilet is partitioned
off from the rest of the cell by means of half-height
double doors. These sufficiently protect the privacy of
the person going to the toilet and at the same time
appropriately meet the individual’s need for safety and
protection.
incorporated into the computer system used to process cases and will then automatically be called up
whenever a person is taken into police custody. The
Federal Agency recommended having the German
version translated into other commonly spoken languages.
Fixtures, furnishings and equipment
Bochum Federal Police Station still had a mechanism for restraining and fixing someone to a bench.
Given that the Federal Police as a whole no longer
uses physical restraints, this mechanism was removed
following the Federal Agency’s visit.
Custody cells should always have dimmable lighting,
smoke detectors and, when new facilities are built,
access to daylight. This was still not the case in all the
stations visited. Even though the Federal Ministry of
the Interior confirmed that refurbishment work
would be carried out in relevant cases, or that the
matter would be raised with the owner of a particular
property, stations in which these basic fittings are not
yet available should be upgraded soon. The same
applies to other rooms used by people who are taken
into custody, for example those known as “secured
rooms”.
Documenting periods in custody
The custody record books in nearly all the Federal
Police stations visited are regularly checked by supervising officers. Nevertheless, shortcomings were still
noted in some cases. For example, officers sometimes
did not note who had carried out a custody check, or
checks were entered at only irregular intervals. What
was particularly surprising was that officers at Bochum Federal Police Station were not even aware of
the existence of a custody record book. When anyone
was taken into custody there, this was merely entered
in the electronic processing system. According to the
Ministry of the Interior, following the respective
visits, officers in all the police stations were again
informed of the need to keep the custody record book
in order.
Some Federal Police stations use cell check sheets,
i.e. forms which are stuck to the door of a custody cell
when it is occupied and on which checks and other
comments are noted. Reference was made in the
respective custody record books that the cell check
sheet was being used and the sheets were archived
together with the custody record sheets.
Insufficient human resources and
room capacities
The Federal Police stations in Rosenheim and
Weilheim are faced with a strong increase in the
number of refugees being taken into custody. A total
of 3,076 people had been taken into custody in
Rosenheim Federal Police District Office by 31 July
2014 (2012: 1,670). Weilheim Federal Police Station
had taken 105 people into custody in the same period.
Refugees are generally apprehended in groups. Even
though officers endeavour to ensure decent conditions of detention for those they apprehend, both
stations have neither the human resources nor room
capacities required to accommodate larger groups of
people. For example, Weilheim Federal Police Station
only has one single-occupancy custody cell with an
open toilet. It is not possible to provide humane conditions of detention for more than one person under
these circumstances. Rosenheim also only has capacity to accommodate up to 16 people. Although one
room was equipped with camp beds, the station is also
overstretched both logistically and organisationally
when it needs to accommodate large numbers of people.
That is why the Federal Agency recommended initially adapting staff numbers in the facilities concerned to the new circumstances. However, room
capacities need to be adapted in order to be able to
deal with the increase in the number of detainees. It
Instruction about rights
The Federal Agency has for several years been calling for the introduction of written forms containing
information about rights which are to be provided to
those detained under police law. Those affected
should be notified in writing about their right to be
examined by a doctor upon request and at their own
expense, to contact a lawyer and relatives, and to call
in an interpreter in the case of language difficulties. In
September 2014 the Federal Ministry of the Interior
then introduced the form the Federal Agency had
hitherto recommended. It was initially only available
in the information section of the Federal Police’s
intranet (Infothek) and officers were unaware of it.
However, by the end of the year it will have been
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