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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