4 – JUVENILE PRISONS
The National Agency visited Arnstadt Juvenile
Prison in 2018. This was a follow-up visit.
4.2.2 – Visibility of toilets
4.1 – POSITIVE EXAMPLES
The specially secured room is equipped with a
non-partitioned toilet and is fully visible –
unbeknownst to the prisoner being held there –
through a glass wall covered with reflective foil.
The National Agency made the following
positive observation during its visit:
Providing persons deprived of their liberty
with humane conditions of detention also
requires that measures be taken to protect their
privacy. This also applies when they are placed in
a specially secured room. If the toilet in a cell is
not partitioned off, it should not be fully visible
at all times. The person in the cell must be given
the opportunity to indicate that they are
currently using the toilet. 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 cells at Arnstadt Juvenile Prison are
equipped with a telephone. This means that the
juvenile prisoners can call their predetermined
authorised contacts at any time.
4.2 – FINDINGS AND
RECOMMENDATIONS
The
visited
facility
was
given
recommendations on the following main topics:
4.2.1 – Strip-searches
According to officers, all prisoners were stripsearched without exception upon admission to
the facility. According to the Federal
Constitutional Court, strip-searches involving a
visual inspection of the prisoner's genital area
represent a severe interference with the
80
prisoner's general right of personality. They
must not be carried out “routinely or
81
independently of case-specific suspicions”. To
satisfy this requirement, general strip-search
orders must allow for exceptions if the principle
82
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.
4.2.3 – Staff
During its visit, the delegation was informed of
the tense staffing situation at the juvenile prison.
Furthermore, it was stated that the promotion
prospects of prison staff in the Land of Thuringia
– which were regarded as being low – had a
negative impact on job satisfaction.
Overworked and dissatisfied staff can have a
negative impact on the treatment of persons
deprived of their liberty. Staff shortages, for
instance, can sometimes lead to a reduction in
prisoners’ exercise time. However, because
physical exercise not only helps prisoners to stay
healthy but also has the potential to improve
their social conduct, it should be encouraged in
83
all circumstances. Moreover, a tense staffing
situation can impact prison security.
80
Federal Constitutional Court, 05/03/2015, file no: 2 BvR
746/13, juris margin no. 33
81
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 04/02/2003, Application no.
50901/99, margin no. 62
82
Federal Constitutional Court, judgment of 10/07/2013, file
no.: 2 BvR 2815/11, margin no. 19
4.2.4 – Respectful treatment
During its visit to the juvenile prison, the
National Agency observed that staff did not
83
Arloth/Krä, “StVollzG-Kommentar” [Commentary on the
Prison Act], 4th Edition, section 67 StVollzG, margin no. 4
66
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