STANDARDS Where an enquiry contains information regarding serious shortcomings, the National Agency will, with the consent of the person submitting the enquiry, contact the competent authority. In one instance this led to someone being examined a second time by a doctor not affiliated to the facility to establish wheth- er he was in fact fit to be detained. Where an enquiry indicates that there is a risk of suicide or that someone is a danger to others, the National Agency will also immediately contact the head of the facility concerned. 5 – STANDARDS The National Agency has standardised its recommendations in respect of complaints it has repeatedly raised in the past. they wish to do so. Irrespective of this, at least one shower in each shower room should be partitioned 6 off. 5.1 – PROTECTING PRIVACY 5.2 – PHYSICAL RESTRAINTS 5.1.1 – Video surveillance The use of physical restraints should be ordered only as a measure of last resort and on the basis of clear and strict conditions, and should be applied only for the shortest possible period of time. Physical restraints should be applied in as careful a manner as possible, which is why the use of systems of belts or bandages is recommended. The use of metal devices should always be avoided on account of the high risk of injury. Out of respect for a person’s sense of shame, it should be examined on a case-by-case basis whether the person concerned can change all or some of their clothes to ensure they are wearing clothing which is suitable or provided specifically for this purpose. Having to fully undress and wear only the underpants provided, as a standard procedure, is degrading and engenders a feeling of shame. Along with continuous, direct observation by a member of staff (known as “Sitzwache”), anyone who is subject to physical restraint must be checked on regularly by a doctor. Comprehensible and comprehensive written documentation of the entire procedure must be provided each time a person is put under physical restraint. In view of the possible risk of injury and to ensure full respect for human dignity in prisons, the practice adopted in Diez Prison, for example, is regarded as exemplary: A system of belts on a hospital bed in the prison infirmary is used whenever physical restraint is required. This guarantees medical supervision of the 7 person put under physical restraint. Privacy must be protected in a suitable manner wherever people are deprived of their liberty. Where video surveillance (CCTV monitoring) is in operation, this can be achieved, for instance, by pixellating images of the sanitary facilities. If need be, it may be conceivable, in carefully considered, substantiated and documented individual cases, to permit unrestricted monitoring of a cell where there is an acute danger of self-harm or suicide. The person concerned must at any rate be informed of the fact that optical surveillance is in operation. The surveillance must be apparent or at least perceptible to the person concerned; 4 covert video surveillance is not permissible. 5.1.2 – Peepholes Peepholes should not be used without giving advance warning by means of knocking on the door or some other prompt. This especially applies where a toilet is in full view of the person looking through the peephole. The detainee must be informed about the fact that the peephole will not be used without advance warning being given when they use the toilet. 5.1.3 – Clothing worn in specially secured rooms When placed in a specially secured room containing no dangerous objects, both male and female detainees should be given a pair of paper underpants and a paper 5 shirt to wear. 5.3 – SOLITARY CONFINEMENT 5.1.4 – Communal showers Those who have been deprived of their liberty should be given the opportunity to shower alone if To mitigate the negative consequences of solitary confinement on the mental and physical health of the person concerned, sufficient opportunity to engage in 4 6 5 National Agency, Annual Report 2013, p. 27–28 cf. National Agency, Annual Report 2013, p. 83 7 15 see p. 42 below cf. National Agency, Annual Report 2012, p. 20