Police detention centres
an unclothed detainee who showed signs of dehydration. The man was
completely immobilised, being shackled with restraining straps around his
waist as well as hand and foot shackles. In addition, his lower body remained
unclothed during questioning by the Federal Office for Immigration and
Asylum.
The NPM ascertained that the detainee had refused the food and beverages
offered to him. He had also refused to put on the disposable clothing offered
to him instead of his own clothing when he was placed in the cell. He had
previously been deprived of his clothing for security reasons.
However, the NPM found deficiencies in the documentation of these occurrences
and the fact that the detainee was shackled, which is why the working group
addressed this case. Based on the existing requirements, the working group
was able to agree on the formulation of more precise standards with respect to
special security measures.
Accordingly, in the future, the reason for placement in a specially secured
cell, the commencement, course and conclusion of this measure and the
involvement of a doctor must be documented. Any decision to deviate from
a medical recommendation regarding the continuance of special security
measures must be documented and supported by facts.
If affected persons must be deprived of their clothing, they should be offered
disposable clothing when disrobed. The time and place the offer was made,
and any rejection of the disposable clothing must be documented. If prisoners
spend time outside of the cell, their private parts should be covered with
disposable clothing or a blanket.
Offer of disposable
clothing
During the execution of any special security measures, detainees should be
offered adequate nourishment – including warm food at least once per day –
and offered liquids at least three times within a twelve-hour period during the
daytime. The times of these offers, the administration of food and any refusals
by the detained person should be documented.
The shackling of inmates in padded, specially secured cells should be
undertaken with restraint and ended, as necessary, to avoid impairments of
health to the extent possible. The effects of such measures must be checked
regularly. This is to ensure that shackles are used in exceptional cases and with
special consideration of the vulnerable situation of persons held in detention
under Section 5b (2) (4) of the Detention Regulation (Anhalteordnung).
It should be mentioned that the Federal Ministry of the Interior always stressed
that the case of the unclothed inmate at Hernalser Gürtel police detention
centre was an isolated incident. However, observations made by the NPM
during a visit to the Innsbruck police detention centre indicated that this was
more than just an isolated incident.
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