5 – THE POLICE
5.1 – PHYSICAL RESTRAINT
5.4 – SIZE OF CUSTODY CELLS
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Physical restraint should not be applied in police
stations. The use of physical restraint constitutes a
serious interference with a person’s liberty, and also
presents a serious risk of injury. Therefore, physical
restraints must be subject to special requirements
such as the appropriate and correct application of a
strap-based system. A person under 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.
Police custody cells must be designed in a way that
ensures humane detention conditions.
A single-occupancy custody cell must have a floor
space of at least 4.5 square metres. Multipleoccupancy custody cells must have a floor space of at
least 3.5 square metres per person.
Facing walls must be separated by a distance of at
least two metres, and the ceiling must be considerably
higher than two metres.
5.5 – MULTIPLE-OCCUPANCY OF
CUSTODY CELLS
5.2 – SHACKLING
In order to ensure humane detention conditions, it
is indispensable that custody cells accommodating
more than one person have a completely separate
toilet with separate ventilation.
By contrast to physical restraint, shackling, as the
National Agency understands it, is the restriction of
movement by tying together arms and/or legs or by
tying them to an object.
Tying persons to the wall or to other objects violates
their human dignity and must be avoided without
exception.
In order to protect the right to physical integrity,
any shackling in custody should be carried out using
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textile hand restraint belts , which should be kept in
stock at all times.
5.6 – VISIBILITY OF TOILETS
Staff members should indicate their presence in a
suitable manner before looking through a peephole,
especially if the toilet in a custody cell 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. Unrestricted monitoring of
the custody cell should only be permitted in carefully
assessed, substantiated and clearly documented
individual cases where there is an acute danger of selfharm or suicide. 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.
5.3 – STRIP-SEARCHES
Strip-searches involving a visual inspection of the
prisoner's genital area represent a severe interference
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with the prisoner's general right of personality. It
should therefore be decided on a case-by-case basis
whether there are indications of a danger to public
security and order that would justify a strip-search.
Any such measures must adhere to the principle of
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proportionality.
If a strip-search is carried out, the reasons for this
should be documented in a clear and comprehensible
manner. Furthermore, the search should be
conducted as respectfully as possible, for example
involving two stages where half the body remains
dressed in each stage.
5.7 – CCTV MONITORING
CCTV monitoring should only be used in police
stations in individual cases where it is imperative for
the protection of the person concerned. The reasons
for CCTV monitoring must be documented. In
addition, the person concerned must be informed of
the monitoring. The mere fact that the camera is
visible is not sufficient. It must be possible for the
person concerned to discern whether the camera is
running.
15
See Chapter II. 4.4 – “Physical restraint”.
An example of this can be seen in the model used by
FRONTEX during deportation flights.
17
Federal Constitutional Court, decision of 05/03/2015, file
no. 2 BvR 746/13.
18
Cologne Administrative Court, 25/11/2015, file
no. 20 K 2624/14.
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