Country

Germany

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Model State Prison ActHarmful consequences of detention are to be counteracted, which is also meant to protect prisoners from health risk, and it provides for a 'nonviolent climate' in prisons through 'security and order'.
Federal State Level Acts Each state has its own rules e.g., in North Rhine-Westphalia, for instance, section 96 (2) of the Prison Act explicitly mentions that each prison shall have the necessary number of appropriate and qualified staff. In all states, a key instrument to enforce order and protect prisoners from violent prisoners are the so-called special security measures (besondere Sicherungsmaßnamen), which includes, among others, solitary confinement. Another instrument to deescalate violent conflicts and maintain the prison order is the relocation of prisoners, which is provided for in all federal states’ prison acts.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2021Two leather and two metal cuffs are kept in each [specially secured] cell [at prison Tegel] for this purpose. According to information provided by the facility, the metal cuffs, which can be locked more quickly, are used as a means of aiding the use of physical force for the immediate restraint of prisoners in order to ensure they can be restrained quickly in situations of distress. These are then replaced by padded leather cuffs, which are brought in from another specially secured cell. However, when several prisoners are restrained in different cells at the same time, there are insufficient leather cuffs available. Thus, there is a danger of metal cuffs being used for a longer period of time. Suitable material must be available on site. The National Agency is aware that, in the forensic psychiatric sector and in many prisons, textile restraints are used exclusively. The use of metal cuffs has a high potential for injury to the restrained person. It can result in haematomas or compressed nerves. Report details