FEDERAL ARMED FORCES
2 – FEDERAL ARMED FORCES
Land
Thuringia
Saarland
Base
Löberfeld Barracks, Erfurt
Henne Barracks, Erfurt
Friedenstein Barracks, Gotha
Graf Haeseler Barracks, Lebach
Graf Werder Barracks, Saarlouis
that the fire alarms will be fitted in the detention rooms in
Lebach and Saarlouis by March 2014.
In the period under review the Federal Agency
visited five Federal Armed Forces barracks. No-one
was being held in detention (Arrest) during any of the
Federal Agency’s visits.
The suspension of compulsory military service in
Germany in 2011 has led to a massive reduction in the
number of people in detention enforced by the
Federal Armed Forces. In addition, the structural
reform has led to numerous detention facilities being
closed. The Federal Agency therefore sent an enquiry
to the Federal Ministry of Defence in which it asked
to be sent figures on the number of detainees for 2013.
Plans for future visits will be drawn up on the basis of
these data.
Visibility of toilets through peepholes
The detention rooms at Henne Barracks and
Friedensstein Barracks, as well as the specially secured
detention room in the Graf Werder Barracks have a
toilet which is fully visible through a peephole.
Human dignity demands that privacy in the
performance of bodily needs must always be
guaranteed. The visibility of the toilet area though a
peephole should be restricted by, for example, affixing
a rubber cover in order to protect the privacy of
detained soldiers. An exception can at most be
considered admissible in a well-founded and
documented situation involving an acute risk of
suicide or self-harm.
Response: Each detention facility of the Federal Armed
Forces must have a specially secured detention room
(“besonders gesicherter Arrestraum”). This specific detention
room is used to hold soldiers who have violated regulations
pertaining to detention or who endanger their own safety.
Soldiers are detained in the room only temporarily, generally
no longer than 24 hours. That is why different structural
requirements are made of the specially secured detention
room than of other detention rooms. These include the use of
a wide-angle peephole so as to be able to monitor the entire
room. The use of a wide-angle peephole in the specially
secured detention room in the Graf Werder Barracks
conforms to regulations.
2.1 – POSITIVE FINDINGS
The Federal Agency is pleased to note that the
current version of the regulations applicable to the
Federal Armed Forces (Joint Service Regulation 14/10)
as amended in July 2013 now also contain a reference
to the right to unrestricted visits by members of the
Federal Agency, of the CPT and of the SPT. Based on
a previous recommendation of the Federal Agency,
the information leaflet containing key provisions of
the regulations (Annex 6/1 to Joint Service Regulation
14/10) has been amended to include a reference to the
right to make contact with and to receive a visit from
a legal advisor.
2.2 – RECOMMENDATIONS OF THE
FEDERAL AGENCY AND RESPONSE OF
THE FEDERAL MINISTRY OF DEFENCE
Night lighting
In the reporting year 2012 the Federal Agency had
already recommended fitting all detention rooms with
night lighting. The objective was to help detained
soldiers find their way around the detention room at
night. The Federal Ministry of Defence declined to
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follow the Federal Agency’s recommendation. It
made reference, amongst other things, to the fact that
the improper use of electricity could pose a danger to
others and to the detained soldier. In addition, the
Ministry said, this would frustrate both the intended
Fire protection
The Federal Agency once again pointed out the
need for fire alarms in the Federal Armed Force’s
detention rooms.
Response: Retrofitting has in some cases been completed,
in some cases it is still ongoing. The Ministry has determined
how many smoke detectors need to be installed in the Federal
Armed Force’s detention facilities and the prescribed
procedure for fitting them has been initiated. It is envisaged
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40
National Agency, Annual Report 2012, p. 34 (English version)
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