the detention room was locked. The NPM considers “voluntary” stays in locked detention rooms to be problematic. It seems questionable whether a free-will decision can be made in the course of official actions against accused persons in connection with criminal proceedings or whether consent will be given under psychological duress due to a lack of an alternative course of action. It is difficult to differentiate this from imprisonment, i.e. from deprivation of liberty by the sovereign, especially since the affected person – as indicated – scarcely has any alternative course of action. Therefore, in doubtful cases, imprisonment must be assumed when a person is held in a locked detention room at a police station. If this is the case and there are no grounds for imprisonment (or the constitutionally guaranteed minimum rights are not provided), any such imprisonment is unlawful. Voluntary choice or imprisonment? In the specific case, the investigation conducted by the Federal Ministry of the Interior found that the detainee could have left the detention room or the police station at any time by utilising the call bell. Therefore, a distinction could be made to “imprisonment”, i.e. a deprivation of liberty by the sovereign. However, the Federal Ministry of the Interior was also of the opinion that voluntary stays in locked detention rooms are problematic.  A stay in a lockable inmate cell is only voluntary if there is no doubt that the affected person is aware that his stay is voluntary. 2.6.10 Positive findings The commissions prepare a comprehensive report on every visit to a police station. Positive observations are made on a regular basis, which are reported to the manager on duty at the concluding meeting and included in the record. The NPM also reports such positive observations to the Federal Ministry of the Interior on a regular basis. These positive observations can relate to various areas, such as the construction of the facility, particularly with respect to accessibility for persons with disabilities, or inmate cells, the furnishings and equipment provided to the personnel, the work climate at the particular police station, the documentation of detentions, the professional treatment of mentally ill persons, flexibility in the care of detainees (food) or the commitment to processing and the prevention of violence in family situations. In the past, the NPM has informed the Federal Ministry of the Interior of its praise for on-site consensual solutions to problems that have been brought to the police station by the public. 135 Documentation of positive findings

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