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6.2.4 – Disciplinary detention rooms
with the prisoner's general right of personality. They
must not be carried out routinely or in the absence of
74
case-specific suspicions. To satisfy this requirement,
general strip-search orders must allow for exceptions
if 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.
It is also recommended that the search be
conducted in a respectful procedure, for example
involving two stages where half the body remains
dressed in each stage.
The disciplinary detention room at Traunstein
Prison is located in the basement and does not have
any windows. Only the anteroom – which is separated
by bars – has a small overhead light at a height of over
two metres, covered by a perforated sheet. The room
is extremely dark, and the view outside is severely
limited by the position of the window. Furthermore,
prisoners held in disciplinary detention are given no
reading material other than the bible or the Qur'an.
Holding prisoners in disciplinary detention under
these conditions is considered to be inhumane.
6.2.8 – Inadequate hygiene
6.2.5 – Daylight and fresh air
In Karlsruhe Prison, a cockroach infestation was
found in the area of the specially secured cells. The
National Agency also noted a strong smell of urine in
the special secured cells. Hygiene conditions in the
specially secured cell at Tegel Prison were considered
inhumane.
These conditions are unacceptable and must be
rectified immediately.
The cells in the men’s units of Traunstein Prison
have only very small windows, which are over two
metres high and covered by perforated sheets. This
greatly limits the amount of daylight in the cells and
makes any view outside practically impossible.
The size of the windows must be significantly
increased.
6.2.9 – Special security unit
6.2.6 – Visibility of toilets
Prisoners in special security unit B1 of Tegel Prison
are unable to work, cannot take part in any sport or
recreational activities, are not permitted to use TVs
and are allocated just one hour each day to exercise in
the prison yard. No mental health care was provided
at the time of the visit. However, a psychologist had
been employed and tasked with providing counselling
in the special security unit and in other units in the
facility. Prisoners also have the opportunity to speak
to a psychiatrist every fortnight.
In Tegel Prison, there were 20 instances of solitary
confinement in 2016, some of which lasted several
months. Protective measures such as solitary
75
confinement can place a huge strain on prisoners. To
mitigate the negative consequences of solitary
confinement on mental and physical health, detainees
should be provided with sufficient opportunities for
human contact (e.g. extended visiting times) and to
engage in meaningful activities. Those placed in
In Tegel Prison, CCTV monitoring in the specially
secured cells also covers the toilet area, resulting in
insufficient protection of prisoners’ privacy. The
specially secured cells in Karlsruhe Prison are fitted
with peepholes through which the toilet is visible.
Staff members should indicate their presence in an
appropriate manner before entering a cell, especially if
the toilet is not partitioned off. The person in the cell
must be given the opportunity to indicate that they
are using the toilet.
A CCTV camera must be fitted in such a way that
the toilet area is either not visible on the monitor at all
or, alternatively, is shown in the form of 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.
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Federal Constitutional Court, decision of 05/03/2015,
2 BvR 746/13, juris margin no. 33 – 35.
74
Federal Constitutional Court, decision of 10/07/2013,
2 BvR 2815/11, margin no. 16, with reference to ECHR, Van
der Ven v. the Netherlands, 50901/99, 04/02/2003, margin
no. 62.
75
According to the CPT, solitary confinement may
constitute inhuman and degrading treatment under certain
circumstances. It is the CPT’s view that the period of solitary
confinement should always be kept as short as possible. Cf.
CPT Standards, CPT/Inf/E (2002) 1 - Rev. 2010, p. 20,
margin no. 56.
6.2.7 – Strip-searches
All prisoners of Burg Prison and Karlsruhe Prison
were strip-searched before entering the prison.
According to the Federal Constitutional Court,
strip-searches involving a visual inspection of the
prisoner's genital area represent a severe interference
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