57 prisoner's general right of personality. They must not be carried out in the absence of case58 specific suspicions. To satisfy this requirement, general strip-search orders must allow for exceptions if the principle of proportionality so demands. Staff must be made aware that in individual cases it may not be necessary for the prisoner to undress fully. It is also recommended that the search be conducted in a respectful procedure, for example involving two stages where half the body remains dressed in each stage. 2.2.6 – Visibility of toilets At the facility for custody awaiting deportation in Darmstadt and at UfA Büren, the specially secured cells containing no dangerous objects were subject to comprehensive CCTV monitoring which also covered the toilet area. At UfA Büren, this was also the case for cells under intensive observation. The monitors each displayed non-pixelated images of the toilet area, and surveillance was carried out by staff of both sexes. As a result, the privacy of the individuals detained there was not sufficiently protected CCTV cameras must be fitted in such a way that the toilet area is either not visible on the monitor at all or, alternatively, is only shown in the form of pixelated images. If deemed necessary in individual cases, it may be possible to permit unrestricted monitoring of detainees held in specially secured cells due to an acute danger of self-harm or suicide. However, any such decision should be carefully considered, substantiated and documented. The person concerned must in all cases be informed of the fact that visual surveillance is in operation. If a toilet area is indeed covered by CCTV monitoring and is not pixelated, only persons of the same sex as the detainee should carry out the monitoring. 2.2.4 – Protection of property At the Frankfurt Airport branch of the Hesse reception centre for refugees (HEAE Frankfurt Airport), male detainees were held in multioccupancy rooms. Each detainee was given one compartment in which to store their private property. Neither the room nor the storage compartments could be locked. To ensure that their property cannot be accessed by third parties, all detainees should have the possibility of locking their own personal storage compartments. 2.2.5 – Use of pepper spray While transporting two individuals to the specially secured cell, staff at the Darmstadt facility for custody awaiting deportation used pepper spray, which they carried with them at all times while in the facility. 2.2.7 – Lack of a legal basis for solitary confinement At the time of the visit to the Büren detention centre for persons required to leave the country (UfA Büren), several individuals were being held in solitary confinement in the special security unit, including two individuals classified as posing a threat to public safety (known as 60 Gefährder). These individuals were segregated from the other detainees awaiting deportation. A mere one hour of outdoor exercise was permitted each day. The conditions of detention 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 inside facilities for custody awaiting 59 deportation. 57 Federal Constitutional Court, 05/03/2015, file no: 2 BvR 746/13, juris margin no. 33 – 35 58 Federal Constitutional Court, 10/07/2013, file no: 2 BvR 2815/11, margin no. 16, with reference to ECHR, van der Ven v. the Netherlands, judgment of 4/2/2003, application no. 50901/99, margin no. 62 59 ECHR, Tali v. Estonia, judgment of 13/02/2014, Application no. 66393/10, margin no. 78; CPT/Inf (2008) 33, margin no. 86 60 The concept of Gefährder stems from a resolution passed in 2004 by the Working Group of the Heads of the Land Criminal Police Offices and of the Federal Criminal Police Office and, has since been further defined by resolutions of the Conference of German Interior Ministers. Pursuant thereto, a person is considered a Gefährder if “certain facts justify the assumption that they will commit politically motivated criminal offences of a serious nature, particularly those within the meaning of section 100a of the Code of Criminal Procedure” 56