VISITS BY THE FEDERAL AGENCY
with intercoms, especially when they are located in
remote parts of the building.
Response: The Federal Ministry of the Interior notified
the Federal Agency that the facilities concerned would be
successively retrofitted with fire alarms.
Further, the Federal Agency pointed out the need
for natural ventilation in custody rooms. In addition,
the temperature in custody rooms should not exceed
22°C.
Response: The Federal Ministry of the Interior gave its
assurance that the ventilation system in question had been
examined to see whether it may possibly be malfunctioning.
During a visit to the Neunkirchen Duty Room the
Federal Agency’s attention was drawn to the lack of
fire alarms and night lighting and to the lack of
ventilation in the custody rooms. In response to the
corresponding recommendations of the Federal
Agency, these custody rooms were taken out of
operation. The Federal Ministry of the Interior
informed the Federal Agency that it was not
economical to implement the recommendations since
the rooms were used only infrequently.
with integrated sanitation and in the doors of separate
toilets. The entire toilet areas are in full view as a
result. Human dignity demands that privacy in the
performance of bodily needs must always be
guaranteed. An exception can at most be considered
admissible in a well-founded and documented
situation involving an acute risk of suicide or selfharm.
Immediately following the Federal Agency’s visit
Görlitz Federal Police Station stopped using the
peephole fitted into the door of a separate toilet.
Response: The Federal Police attaches great importance
to respecting detainees’ privacy. The use of peepholes is
necessary in individual cases to protect the detainee or for
reasons of staff safety. This applies both to detention rooms
and separate sanitary areas.
Visibility of toilets in rooms with CCTV
cameras
The Federal Agency noted that custody rooms in
Mannheim Federal Police Station are equipped with
CCTV cameras. The cameras are fitted into the
ceiling light and can thus not be identified as such.
The entire toilet area is in full view as a result.
Human dignity demands that where video
surveillance of a detention cell, including the toilet, is
carried out, the detainee’s genital area must be
obscured on the screen. Unrestricted monitoring of
the detention room can at most be considered based
on a carefully weighed up, well-founded and
documented decision in an individual case where
there is an acute risk of suicide or self-harm.
In addition, video surveillance in custody suites is no
substitute for regular, direct checks, and it can at most
be carried out in addition to those checks.
Response: The CCTV equipment in Mannheim Federal
Police Station can only be operated by hand and cannot be
used to make recordings. It is not used as a substitute for the
regular checks provided for under police regulations.
Stuttgart Federal Police Regional Office is planning to hold
an additional training course for staff working in custody
suites. Suitable measures to protect detainees’ privacy will be
addressed in that course.
Documentation
Officers should make detailed records in the
custody record book of checks carried out on persons
taken into custody. In addition to the precise times of
the checks, the name and signature of the officer
checking on the person in his/her custody room
should always be included.
During its visit to Mainz Federal Police Station the
Federal Agency found that it kept no custody record
book. Instead, the custody record book is kept at the
Federal Police District Office in Kaiserslautern.
Officers record relevant data on occupancy sheets and
transfer them to the custody record book at a later
date. This does not, however, apply to visual checks
and the provision of meals.
It should be possible to read and understand the
custody record book without the need to consult
other documents. It should be possible to verify
whether checks have been carried out and not to first
have to consult an occupancy sheet which may
possibly be located elsewhere. That is why the custody
record book should always be kept in the vicinity of
the custody rooms.
Response: Shortcomings as regards keeping custody
record books properly up to date have been recognised and
will be addressed in training courses. In addition, the federal
police regional office in question has directed that one
custody record book should be kept in each facility.
Information about rights
People detained in police custody must be
immediately informed about their rights. Sheets
containing this information should therefore be
available in various languages. They should at the very
least provide information about the fact that anyone
taken into custody has the right to be examined by a
doctor, to consult a lawyer and to notify a trusted
third party and, where necessary, their home country’s
consulate. It is not enough to simply inform those
taken into custody about their right to contact a
Visibility of toilets through peepholes
During its visits the Federal Agency found
peepholes both in the doors of those detention rooms
35
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