Country

Germany

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Federal Prison Act (Strafvollzugsgesetz), Model State Prison Act (Musterentwurf zum Landesstrafvollzugsgesetz)Solitary confinement is only admissible if necessary to avert threats inherent in the prisoner’s person, which could mean the risk of jailbreak, violence against her/himself, violence against other persons or things or suicidal tendencies. Usually, solitary confinement is to be ordered by the prison director and the prison doctor needs to be consulted in advance. The necessity of the measure has to be assessed on a regular basis; prisoners in solitary confinement have to be observed with special attention; more than three days of confinement need to be reported to the supervisory authority.
Model State Prison Act (Musterentwurf zum Landesstrafvollzugsgesetz)Besides solitary confinement as special security measure (besondere Sicherungsmaßnahme), the isolation of prisoners can also be ordered to enforce discipline: so-called Arrest. The maximum duration is four weeks.
Federal State Level ActsEach federal state has its own rules e.g., maximum duration and actual arrangements of solitary confinement.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2015 The NPM noted, that in order to mitigate the negative consequences of solitary confinement on the mental and physical health of the person concerned, sufficient opportunity for appropriate human contact (e.g. extended visiting times) and to engage in purposeful activity is to be provided. Those placed in solitary confinement are also to be regularly visited by a psychiatrist/psychologist. These meetings should be conducted in an appropriate and confidential environment. Report details
2017The NPM reported that the arrest cell (Arrestraum) in the prison of Traunstein (Bavaria) had no windows and was located in the cellar. Moreover, people under arrest have only access to the Bible or the Quran, if they want to read. Therefore, the NPM claimed that arrest in Traunstein prison violated human dignity. About the special security ward (Sicherungstation) at the Tegel prison in Berlin the NPM reported that inmates could neither work nor were leisure activities available although solitary confinement was ordered sometimes for a period of several months. Report details
2019The NPM report warns that monitoring prisoners while they are using the toilet represents a considerable interference with their rights. Some prisons found appropriate solutions for this problem. For example, the toilet area in a specially secured cell at Frankfurt Prison is roughly pixelated so that the prisoners' movements and silhouette can still be made out despite the pixelation. This protects the privacy of those affected and, at the same time, provides sufficient visibility to enable a timely intervention if there is a risk of self-harm. CCTV cameras must be fitted in such a way that the toilet area is either not visible on the monitor at all or, alternatively, is taped over or only shown in the form of pixelated images. If deemed necessary in carefully considered individual cases, it may be possible to permit unrestricted monitoring of prisoners held in specially secured cells due to an acute danger of self-harm or suicide. The reasons for such a decision must be clearly documented and only persons of Report details
2021At Tegel Prison, there is an isolation unit for prisoners who dealt with drugs inside the prison. However, as during the initial visit of the National Agency in 2017, there are still no uniform criteria for prisoners’ placement in this unit and the duration of their stay. The visiting delegation was informed that the placement and its duration were determined based on the circumstances of the individual case; in order to be released from this unit, prisoners had to distance themselves from their actions, accept help and cooperate in clarifying the facts. The duration of the stay in the isolation unit as well as the placement there should be subject to clear criteria that are communicated to the prisoners in writing. In order to ensure that these are applied consistently and proportionately at all times, a written formulation and review of the criteria applied are necessary. Report details
2022At a number of prisons, the National Agency found cases of continuous segregation lasting months or in some instances – in Ravensburg and Dresden prisons – even years when it visited and inspected the records. Often, prisoners in continuous segregation are only allowed outside for one hour each day and spend the remaining 23 hours confined in cells or segregation units. It is the view of the National Agency that long periods of segregation without significant efforts to find effective alternatives are not acceptable from a human rights perspective. Report details