including the ‘belt system’.
The duration of fixation is restricted to the absolute maximum period of time, frequently lasts
only a few minutes, and as a rule not for more than 24 hours. Regular medical checks are
carried out during fixation. The ordering, implementation, examination of the continuation and
the discontinuation of fixation, as well as the visits by the medical service, and other care or
treatment measures, are comprehensively recorded in writing and documented. Furthermore,
fixated persons must be continuously and directly monitored by an officer in all cases.
General accommodation conditions
The general accommodation conditions are naturally significant when it comes to dignified
deprivation of liberty, that is above all the cells and common rooms.
Sufficient daylight and fresh air are important. Cells should therefore not be equipped with
so-called sight guards, which prevent a view from the windows and considerably hinder the
entrance of light and fresh air. For instance, a good compromise was found in Bernau prison
in this respect, such that a large glass area in new windows, which cannot be opened, remains unguarded and ensures that a considerable amount of light can enter. Two smaller
side window panes can be opened, which enables fresh air to enter. Perforated screens are
only fitted to small window panes, so that the overall entrance of light is restricted only minimally.
Significance is also attached to the size of the cells. It should be asked in particular whether
a single cell is doubly occupied. In the case of multiple occupancy, there absolutely must be
a toilet area which is entirely partitioned off. This is also desirable in single cells. The Commission of the Länder made the following statement with regard to the double occupancy of
single cells, and to the minimum area which an inmate should have in his/her cell, after the
visit to Bernau am Chiemsee prison:
“The Commission takes note that the Bavarian State Government intends to continue to do
all it can to reduce overoccupancy and to bring multiple occupancy down to the minimum that
is necessary to prevent suicide.
Regarding present conditions, the Commission finds that cells in Bernau prison which do not
have completely partitioned sanitary areas are only occupied by more than one person in
special exceptional cases, and only for a few hours at a time. Because of additional cases of
multiple occupancy, the Commission has taken your statement as an opportunity to reexamine conditions in Bernau. In doing so, the view obtained in the course of the visit has
been confirmed that single cells in which the sanitary area is completely partitioned may not
be occupied by two inmates who are accommodated there for a prolonged period.
The precise floorplan of the cells emerges from the measurements, which Bernau prison has
kindly provided to us, and which is enclosed. Accordingly, the total area of the cells is
8.22 m² each. Of this, somewhat more than 1 m² is taken up by the separate area of the
washroom and washbasin. Hence, roughly 7.2 m² are left for the accommodation of two inmates, containing the bunkbed as well as additional furniture, such as a locker, a table and
chairs. The Commission’s subjective impression on its visit was that the cells are very
cramped and permit virtually no movement if they are occupied by two inmates.
The multiple occupancy of single cells practiced in Bernau prison is at least objectionable in
accordance with the Bavarian Prison Act (Strafvollzugsgesetz). Art. 20 para. 1 sentence 2 of
20
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