VISITS BY THE FEDERAL AGENCY
Visibility of toilets
The Federal Agency believes that the fact that the
toilet area in custody rooms is in full view violates a
person’s privacy. 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.
Sanitary facilities must at least be partially shielded.
The Federal Agency recommends taking measures to
protect detainees’ privacy.
Response: Protection of the physical integrity of those in
custody is of the utmost importance. That is why the whole
of the inspected detention rooms is visible from the outside.
Possibilities for fitting a partial privacy shield so as to fulfil
the right to protection of privacy when performing bodily
needs are currently being examined. As well as preventing
self-harm and suicidal acts, attention also has to be paid to
protection against vandalism. As soon as an adequate
solution has been found the Federal Authority for Real
Property will be tasked with implementing this measure.
Response: Custody Regulations entered into force for the
Federal Customs Authority by decree of 17 June 2013; the
Customs Criminological Office was tasked with giving
notice thereof. Notification will shortly be given of the
Custody Regulations, including the new custody record book.
Custody record book
The custody record book must be kept so that all
the relevant circumstances (e.g. checking times) can
be reviewed at any time. It should be possible to read
and understand the custody record book without the
need to consult other documents. The customs
offices’ practice of noting checking times in a separate
document is not recommended, especially since the
retention times for the different types of
documentation vary. There is a risk that when a legal
review is carried out at a later date it will not be
possible to establish whether and how often the
required checks were carried out by staff.
Response: The recommendation that checking times be
included in the custody record book will be enforced when
the new custody record book is introduced. The new custody
record book will document all those facts which are of
relevance to admission and the enforcement of custody, the
measures carried out, including the outcome and other
incidents connected with those taken into custody, as well as
release from custody. Checking times will be included. The
custody record books must be retained for five years. This
guarantees that if a legal review is conducted at a later date
it will be possible to reliably trace back all the incidents and
measures pertaining to the person taken into custody.
Custody regulations
The Federal Agency believes that custody
regulations should be issued which are binding on all
customs authorities who detain persons within their
jurisdiction.
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