4 – PRISON SYSTEM 4.4 – PHYSICAL RESTRAINT 4.1 – MULTIPLE-OCCUPANCY CELLS The National Agency defines physical restraint (“Fixierung”) as the act of depriving a person of their freedom to move by binding their arms, legs and in some cases the centre of the body, with the result that they are unable to change their sitting or lying position independently. The Agency requires the following conditions be met for the use of this measure: The use of physical restraints is only to be ordered as a last resort, on the basis of clear and precisely defined criteria, and for the shortest possible period of time. To minimise the risk of physical harm, restraints should be applied using a strap-based system. Persons being physically restrained should, at the very least, be given paper underwear and a paper shirt to wear in order to protect their sense of modesty. A person subject to physical restraint must also be observed continuously and personally by a trained member of staff who is in direct proximity to the detainee (known as “Sitzwache”). The prisoner must also be checked on regularly by a doctor. Written reasons must be given for every instance of physical restraint. This includes documentation of which less restrictive measures had been tried in advance and why these failed. According to the case law of the German Federal 11 Constitutional Court , prison cells accommodating more than one person must have a completely separate toilet with separate ventilation. Multipleoccupancy without such a separation constitutes a violation of human dignity. 4.2 – CELL SIZE In order for detention conditions to be humane, a single-occupancy cell must have a floor space of at least six square metres, excluding the sanitary area. In cases where the sanitary area is not partitioned, approximately one further square metre should be added for that area, giving a total floor space of at least seven square metres. For multiple-occupancy, a further four square metres of floor space must be added to this figure for each additional person, excluding the sanitary area. 4.3 ��� STRIP-SEARCHES According to the Federal Constitutional Court, strip-searches involving a visual inspection of the prisoner's genital area represent a severe interference 12 with the prisoner's general right of personality. They must not be carried out routinely or independently of 13 case-specific suspicions. In order for this requirement to be fulfilled, general orders for stripsearches must leave room for exceptions wherever 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. If it is indeed necessary that the prisoner undress fully, then the search should be conducted in a respectful procedure, for example involving two stages where half the body remains dressed in each stage. 4.5 – VISIBILITY OF TOILETS Staff members should indicate their presence before entering a cell, especially if the toilet is not partitioned off. The person inside must be given the opportunity to indicate that they are using the toilet. A CCTV camera must be installed in a way that the toilet area is either not visible on the monitor at all, or only as 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. If a toilet area is indeed covered by CCTV monitoring and is not pixelated, only persons of the same sex as the detainee may carry out the monitoring. 11 Federal Constitutional Court, decision of 22/02/2011, file no. 1 BvR 409/09, margin no. 30. 12 Federal Constitutional Court, decision of 05/03/2015, 2 BvR 746/13, juris margin no. 33–35. 13 Federal Constitutional Court, decision of 10/07/2013, 2 BvR 2815/11, margin no. 16, with reference to ECHR, van der Ven v. Netherlands, 50901/99, 4/2/2003, margin no. 62. 4.6 – CCTV MONITORING CCTV monitoring in prisons should only be conducted in individual cases where this is imperative to protect the person concerned. The reasons for 20