2.1 – POSITIVE EXAMPLES
2.2 – FINDINGS AND RECOMMENDATIONS
The National Agency highlighted several positive
examples during its visits. These included:
In the police stations in Berlin, an information
leaflet was available specifically for juveniles. This
leaflet informs juveniles of their rights and obligations
in age-appropriate language.
Tempelhof Custody Unit has good facilities with
plenty of space. For example, there are custody cells
that are specifically designated as waiting rooms with
tables and seating, as single and multiple-occupancy
custody cells for persons remaining in custody
overnight, and as cells appropriate for persons
suffering from claustrophobia.
The National Agency also welcomes provisions in
Police Custody Regulations that include specific rules
on fundamental rights issues and preventive measures.
The Police Custody Regulations of the Land of
Rhineland-Palatinate, for example, stipulate that the
emergency call bell must be tested before and after
each occupancy to ensure it is working correctly. The
Code also requires that written notice of rights be
provided, regardless of the reason for the deprivation
of liberty. A further provision establishes that stripsearches may only be conducted when there are
factual indications that justify this intrusive measure.
In Munich Police Station Support Services Division
6, an information board is displayed in the entrance
area to the custody cells that provides information in
numerous languages on the rights of persons deprived
of their liberty. In Garbsen Police Station in Lower
Saxony, a notice is displayed with information in
various languages about emergency legal services.
A particularly positive initiative was found in Mitte
Police Station in Hannover, where the text informing
detainees of their rights had been recorded on tape in
various languages. This makes it possible to provide
information, as required by the German Code of
Criminal Procedure [Strafprozessordnung], to persons
who are unable to read by simply playing the soundrecording of the text.
The Regional Police Headquarters of SaxonyAnhalt South ensures that there is staffing assigned
exclusively to custody facilities throughout every shift.
A benefit of this is that the officers concerned have
extensive experience with persons being detained in
custody. The same measures are also in place in the
stations visited in Hamburg.
2.2.1 – Physical restraint
In a number of police stations in the Länder Bavaria,
Brandenburg, Bremen, Hamburg and North Rhine22
Westphalia, physical restraint is still used.
23
Physical restraint should not be applied in police
stations. The use of physical restraint constitutes a
serious interference with a person’s freedom, and also
poses considerable health risks. Therefore, the use of
physical restraints must be subject to special
requirements such as the appropriate and correct
application of a strap-based system. 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 detainee must also be examined
regularly by a doctor.
Physical restraints are not used at all, for example,
by the Federal Police or by the Länder Police in
Baden-Württemberg, Berlin, Mecklenburg-Western
Pomerania, Rhineland-Palatinate, Saarland, Saxony,
Saxony-Anhalt, Schleswig-Holstein and Thuringia. In
cases where these police forces find that a person does
need to be physically restrained, the person is
transferred to a psychiatric clinic. In its latest report
on its visit to Germany, the CPT also calls upon the
police authorities to put an end to the practice of
24
physical restraint.
2.2.2 – Shackles
25
In numerous police stations, shackling is used in
custody facilities in the form of metal handcuffs or
disposable plastic cuffs similar to cable ties. However,
these can cause bruising or pinched nerves.
In order to protect the right to physical integrity,
any shackling in custody should be carried out using
26
textile hand restraint belts , which should be kept in
stock at all times.
In one police station in Brandenburg, there were
wall recesses with metal fixtures for shackling
detainees in custody cells and in the corridor of the
custody suite. The National Agency finds that tying
persons to the wall violates their human dignity and
must be avoided without exception.
22
See Chapter II. 4.4 – “Physical restraint”.
Ibid.
24
See CPT report on its visit to Germany in 2015, CPT/Inf
(2017) 13, margin no. 33.
25
See Chapter II. 5.2 – “Shackling”.
26
An example of this can be seen in the model used by
FRONTEX during deportation flights.
23
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