3.9 – SIZE OF CUSTODY CELLS 3.14 – INDEPENDENT COMPLAINTS OFFICES AND INVESTIGATION BODIES Police custody cells must be designed in a way that ensures humane detention conditions. An essential element of preventing abuse by staff members is the detection, prosecution and punishment of misconduct on the part of police officers. A single-occupancy custody cell must have a floor space of at least 4.5 square metres. Multiple-occupancy custody cells must have a floor space of at least 3.5 square metres per person. Every Land should therefore set up independent complaints offices and 24 investigation bodies. Facing walls must be separated by a distance of at least two metres, and the ceiling must be considerably higher than two metres. 3.15 – CONFIDENTIALITY OF CONVERSATIONS 3.10 – CCTV MONITORING Persons in custody must be given the opportunity to have confidential conversations with their lawyers. Confidentiality should also be assured for conversations with doctors or relatives. CCTV monitoring should only be used in police stations in individual cases where it is imperative for the protection of the person concerned. The reasons for the use of CCTV monitoring should be documented. In addition, the person concerned must be informed that monitoring is taking place. The mere fact that the camera is visible is not sufficient. It should be possible for the person concerned to discern whether the camera is running. 3.16 – WEAPONS IN CUSTODY Officers should remove entering a custody suite. firearms before Due to the significant health risks involved, the use of pepper spray in confined spaces is not a proportionate measure under any circumstances. It should therefore be avoided 25 inside police stations. 3.11 – MULTIPLE-OCCUPANCY OF CUSTODY CELLS In order to ensure humane detention conditions, it is indispensable that custody cells accommodating more than one person have a completely separate toilet with separate ventilation. 3.12 – RIGHT TO MEDICAL EXAMINATION Every person taken into custody has the right to consult a doctor. 3.13 – RESPECTFUL TREATMENT Persons being held in detention should be treated respectfully. For example, staff members should indicate their presence in a suitable manner before entering a custody cell, and should, as a rule, speak to detainees using polite forms of address. 24 Cf. inter alia ECHR, Kummer v. Czech Republic, judgment of 25/07/2013, Application no. 32133/11 § 83; Eremiášova and Pechová v. Czech Republic, judgment of 16/02/2012, Application no. 23944/04, § 135 25 ECHR, Tali v. Estonia, judgment of 13/02/2014, Application no. 66393/10 § 78; CPT/Inf (2008) 33, margin no. 86 26

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