6.2.18 – Access areas
prisoners can choose the method they consider less
intrusive.
Large parts of the walls in the access areas of Tegel
Prison and Karlsruhe Prison were dirty. In Tegel
Prison, the walls were often covered with graffiti,
some of which constituted anti-constitutional
content. The toilet in this room was also extremely
dirty. Care should be taken to ensure that the
premises are kept clean and in a suitable state of
repair. Any comments or drawings containing anticonstitutional content must be removed immediately.
6.2.15 – Medical care
Both Traunstein Prison and Karlsruhe Prison have
shortages in the area of medical care.
Traunstein Prison does not have a physician of its
own. Instead, a contracted doctor visits the prison just
once a week. Prisoners have described this situation as
insufficient. The provision of medical care in
Traunstein Prison should be improved both on
weekdays and at the weekend.
The medical service of Karlsruhe Prison is not
occupied at night. Given the prison’s high level of
occupancy, the medical service should be occupied at
all times.
6.2.19 – Enforcement plans and
preparations for release
Due to staff shortages, Tegel Prison had problems
adhering to and updating enforcement plans.
Given the significance of the enforcement plan to a
prisoner’s rehabilitation, prison management must
ensure that each prisoner possesses an up-to-date
enforcement plan and is able to work with the person
responsible to achieve their enforcement objectives.
6.2.16 – Interpretation during medical
consultations
In Karlsruhe, Tegel, and Traunstein prisons,
members of staff or prisoners are often called upon to
interpret medical consultations when communication
problems arise. This can restrict the ability to discuss
issues relating to privacy or matters subject to medical
77
confidentiality. Furthermore, if translations are
performed by prisoners or members of staff, there can
be no guarantee that technical terms or subject matter
will be correctly communicated in the other language.
78
For this reason, a professional interpreter should
always be used if communication problems arise
during medical consultations. Prisons should only
deviate from this principle in an emergency.
6.2.20 – Prisoner separation
In Traunstein Prison, convicted criminals are not
held separate from remand detainees, as the lack of
space renders it impossible to separate the two groups
79
physically or in an organisational sense.
Exceptions to the separation principle set forth in
Article 5 of the Act on the Execution of Remand
Detention in Bavaria are only permissible on a
temporary basis. In Traunstein Prison, however, this
is not a temporary measure: it is a permanent state of
affairs that cannot be changed due to the lack of space
and the unsuitable layout of the prison.
Convicted criminals must be held physically
separate from remand detainees.
6.2.17 – Showers
The communal showers in Karlsruhe Prison and
Stuttgart Prison do not have partition walls or any
other measures to protect privacy. Persons who have
been deprived of their liberty should be given the
opportunity to shower alone if they wish to do so. At
least one shower should be partitioned off in
communal shower rooms.
Prisoners in the group transport cell of Stuttgart
Prison can only shower on two days of the week. It
should be possible to shower at least every other day.
It is also recommended that measures be taken to
protect detainees’ privacy.
6.2.21 – Transparency regarding length of
stay in drug dealer isolation unit
Prisoners in the isolation unit for drug dealers at
Tegel Prison are subject to special restrictions. For
example, they have to wear prison issue clothing and
are not allowed to work. There is no transparency or
logic regarding the length of stay in the isolation unit.
This should be subject to clearly defined criteria.
79
However, Article 5 (1) sentence 1 and 2 of the Act on the
Execution of Remand Detention in Bavaria states: “Remand
detainees must not be held in the same room as prisoners
subject to other types of detention. They must also be
otherwise separated from prisoners subject to other types of
detention.”
77
Cf. Rule 11 of the United Nations Rules for the Treatment
of Women Prisoners and Non-custodial Measures for
Women Offenders (the Bangkok Rules), UN Doc
A/RES/65/229, 16 March 2011.
78
See Chapter II. 1.7 “Communication during the entire
deportation procedure”.
55
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