VISITS BY THE JOINT COMMISSION
graffiti. Prisoners are always asked to pay to have the
graffiti removed and the detention rooms are renovated
directly.
The house rules are written using language which
juveniles can readily understand. However, they are
only available in German. According to the head of
the facility, an interpreter is called in in those rare
cases when someone is unable to speak (sufficient)
German. The interpreter then translates and explains
the content of the relevant documents. Also, some of
the staff speak Polish.
Despite the fact that the number of prisoners who
do not speak German is small, the Joint Commission
suggests translating the house rules into a larger number of languages commonly spoken by prisoners. The
house rules in particular include explanations of duties, which are important for prisoners and at the same
time inform them of their rights. Non-Germanspeaking prisoners should therefore also be able to
understand them straight away.
Response: The translation of the house rules into the most
frequently spoken foreign languages was regulated by law in
Brandenburg for the first time in 2013 (section 114, Prison
Act of Brandenburg). Corresponding procedures have already been discussed with the heads of facilities in Brandenburg. Since these translations are very expensive, the first
step will be to elaborate joint framework rules for all prisons
in Brandenburg which will then serve as the basis for the
translation. The work on revising the framework rules will
be carried out soon.
The visiting delegation inspected the building housing pre-trial detainees, including the residential
groups, the sanitary facilities, infirmary, courtyard,
visitors’ room and the kitchen. It also inspected the
secure, disciplinary detention and observation ward,
including two specially secured rooms. Finally, it
inspected the building housing the Juvenile Penal
Institution, including residential groups, a detention
cell and a group room in the social therapy unit.
The delegation held private meetings with staff in
various units, including the medical service, as well as
with the pastoral worker. It also spoke with eight
juveniles in various units and residential groups, and it
inspected documentation relating to placements in
the specially secured room.
2.4.1 – Recommendations and response
Placement in the specially secured room was ordered 37 times in 2013, placement in solitary confinement 24 times. In the first six months of 2014 placement in the specially secured room was ordered 16
times, placement in solitary confinement 20 times.
The number of special precautions ordered is
higher than in other comparable facilities the Joint
Commission has visited. The Joint Commission
therefore asks for it to be examined for what reasons
these measures were ordered.
Response: Pursuant to section 74 of the Hamburg Act on
the Execution of Youth Imprisonment, special precautions
may be ordered where, based on the prisoner’s conduct or on
account of his mental state, there is an increased risk of flight
or the risk of violence against persons or property or a risk of
suicide or self-harm. Further, solitary confinement is only
permissible under section 74 (3), first sentence, of the Hamburg Act on the Execution of Youth Imprisonment where it
is indispensable for the aforementioned reasons. The measure
may only last as long as is absolutely necessary. The prisoner
concerned is visited at close intervals and a member of staff
examines whether the measure can be lifted. Staff from
various specialist disciplines (psychological and medical
service, prison manager, prison unit manager, shift manager,
head of the security service) visit the prisoner.
The Juvenile Penal Institution has analysed the prisoner
files and concluded that these measures were ordered after
prisoners had attacked other people and there was a risk that
they would carry out further violent attacks. The measures
were also ordered when prisoners had harmed themselves, or
they had announced/threatened self-harm or even suicide.
It is not possible to assess to what extent the number of
times these measures were ordered is comparable with cases
in other juvenile institutions. The facility in Hahnöfersand
Prison accommodates only relatively few young pre-trial
detainees and juvenile detainees given the total prison population in Hamburg. This small group comprises young, often
2.3.2 – Positive findings
There is a good atmosphere in all the areas the delegation inspected, which is in particular reflected in the
extremely relaxed manner of communication between prisoners and staff. Staff were without exception all motivated. This was also reflected in specific
details, for example in the friendly yet youthappropriate language in which the house rules have
been written.
2.4 – HAHNÖFERSAND JUVENILE PENAL
INSTITUTION, 17 JUNE 2014
The Joint Commission visited the Juvenile Penal
Institution in Hahnöfersand Juvenile Institution on 17
June 2014.
The Juvenile Penal Institution is responsible for enforcing pre-trial detention and custody pending deportation against male juveniles as well as youth imprisonment. The Juvenile Penal Institution has a
capacity of 176 and was holding a total of 100 prisoners at the time of the visit. One juvenile was being
detained in the specially secured room with no dangerous objects on the day of the visit.
38
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents