POLICE STATIONS justified, necessary and not disproportionate. No other, equally suitable method is apparent. In particular, it cannot be assumed that monitoring by a police officer posted in front of the room actually constitutes less severe interference. The measure also appears appropriate in the narrow sense of the meaning, since where there are concrete indications that a person is at risk of harming themselves, greater importance must be attached to protecting life than to the right to determine the use of one’s personal data. When inspecting the custody record books during its visit, the delegation noted that the documentation was sometimes incomplete both regarding custody checks and the provision of information about rights. Although the times at which the custody cells are checked are noted, sometimes the officers who carried out the check do not add their initials. Careful documentation serves to protect those taken into custody as well as officers. In addition to not signing their initials, officers often did not indicate that they had instructed those taken into custody about their rights. This is necessary whenever someone is booked in. If someone is not in a position, when they are booked in, to understand this legal information, it must be provided afterwards, at the latest upon their release. The custody record book has a special field for such cases, in which a note can be made of the fact that the legal information was provided at a later point in time. However, in many cases this field was empty, although it had been noted when a person was booked in that the legal information was “not given”. In addition, no note had been made as to why information about rights had not been subsequently provided. The Joint Commission recommends examining how thorough, full documentation in the custody record book can be guaranteed. Response: No. 1.4 of the Baden-Württemberg Police Custody Regulations of 17 December 2013 already regulates the full documentation of information relating to custody. In order to guarantee that information is carefully documented in the custody record book, regular checks of the books would have to be done in each police station. The heads of the organisational units at Aalen Police Headquarters have therefore once more been instructed to carry out these checks as part of their supervisory function and, where necessary, to draw the staff’s attention to their obligation to keep the records up to date. The custody cells in the police station do not have fire detectors. This poses an increased risk for those detained in custody, because in the event of a fire they first have to contact a police officer via the intercom. The visiting delegation was told that no fire detectors had been installed because they were not deemed necessary on account of the rooms being continuously monitored via CCTV cameras. The Joint Commission doubts whether continuous CCTV monitoring is equally as reliable as a fire detector. The Joint Commission recommends installing fire detectors in the cells in order to guarantee that people detained in custody are protected in the event of a fire. Response: According to the current planning status, fire detection systems will be installed in all police custody facilities by the end of 2015. Either a vandal-resistant smoke alarm or an adequately protected smoke extraction system will then be in operation in the cells. The custody cells in Winnenden Police Station each have a wooden plank bed, but no flame-resistant, washable mattresses. Those who are taken into custody are only given disposable blankets. In a letter dated 21 August 2013 (ref. 3-0525/54), the Ministry of the Interior of Baden-Württemberg notified the Joint Commission that police stations in BadenWürttemberg had been instructed to immediately acquire and provide the mattresses and blankets which so far had been not available. Providing mattresses in custody cells is already standard practice, for example, in Federal Police stations and also corresponds to international standards. Response: The flame-resistance, washable mattresses which the Joint Commission recommends should be purchased for the cells were acquired immediately following the visit. The available disposable blankets are likewise flameresistant. It is not possible to regulate light intensity in the cells, as a result of which people are either held in custody with all the lights on full or in complete darkness. The delegation was informed during its visit that the light in the cells is always on so as to be able to monitor the detained person via the CCTV camera. The Joint Commission has serious concerns as regards having the lights on continuously, because it can deprive those detained in custody of sleep. The Joint Commission therefore recommends installing night lighting in the custody cells (e.g. a dimmable lamp or a nightlight). Response: New and existing cells will be fitted or retrofitted with a dimming device, which is installed and operated from outside the cells. Positive findings The Joint Commission read in the documents it was sent that seven “Provocation, Aggression and Violence against Police Officers” training seminars were run in autumn 2014 as part of the BadenWürttemberg Ministry of the Interior’s Reducing Provocations, Aggression and Violence against Police Officers Strategy. In line with the National Agency’s preventative activities, the focus is in future to be placed on initial and further training for police offic- 51

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