There are special rules governing visits by children under the age
of 14. Such visits are also to be conducted as table visits. However, a
separate room with free-standing tables is to be provided for visits by
children in police detention centres. Close physical contact with
children should also be permitted (e.g. placing the child on the lap).
The visitors and the belongings they bring with them must be
inspected for both, table and security visits. If necessary, an inspection
of the visitors and/or the visited detainee can be conducted after the
visit. Video surveillance of the visits is permissible.
Visiting rules
During security visits, detained persons are separated from visitors by
a room-height glass wall. They communicate via an intercom system.
In the future, security visits are contemplated for prisoners in court
custody and for other prisoners under certain conditions (e.g. reasons
of health or hygiene). In addition, security visits are contemplated
when there are specific security concerns, if and as long as they
militate against permitting table visits.
Security visits
Currently, Section 21 of the Code of Conduct for Detention
(Anhalteordnung) provides that every prisoner can receive visits once a
week for a period of half an hour during the visiting hours established
by the authorities. Endeavours should be made to increase the
frequency and duration of visiting opportunities for persons in
detention pending forced return in the interests of maintaining familial
and other personal bonds. The working group agreed that every
prisoner may receive a half hour visit at least twice a week in the
future. Visits must also be possible on Saturday or Sunday. Of course,
these standards are to be regarded as minimum standards.
Therefore, every police detention centre is free to be more generous
with the duration and frequency of visits.
At least two visits per
week
The former Human Rights Advisory Board at the Federal Ministry of the
Interior has already criticised the inadequate occupation and leisure
opportunities for persons detained in police detention centres.
Nevertheless, numerous attempts to permanently improve the
situation for detainees have failed. During its visit to Austria in autumn
2014, the CPT reiterated its recommendation that (in exceptional
situations) persons being detained in closed detention pending forced
return should be offered more activities outside of the inmate cell.
Occupation and leisure
situation
The NPM has also complained for years that persons being detained
pending forced return and prisoners serving an administrative penalty
are unlikely to spend their time in custody in a meaningful way. The
NPM specifically and repeatedly criticised that leisure and sports
equipment (e.g. exercise bikes, table football tables, table tennis
tables) were lacking or were not repaired. In many police detention
centres there is a need for more reading materials, particularly for
foreign-language newspapers, magazines and books. Board games
are also not always available. In most police detention centres, there is
only a poorly stocked library, televisions in the social rooms and bleak
walking courts. The NPM hopes that the working group can finally
bring about a solution to this important matter. As of the editorial
deadline for this report, some key points had merely been agreed
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