Details
Legal instruments & key provisions
| Legal instrument | Key provision |
|---|---|
| Model State Prison Act (Musterentwurf zum Landesstrafvollzugsgesetz) | Prisoners are entitled to access necessary, adequate and appropriate medical services, considering the principle of efficiency and in line with the general standards of the German public health insurance system. |
| Federal Prison Act (Strafvollzugsgesetz) | Medical care shall be ensured by medical officers employed on a full-time basis. If there are special reasons, it may be delegated to physicians working on a part-time or contractual basis. Prisoners of at least 35 years of age are entitled to receive a medical check every other year for the early detection of illnesses, in particular for cardiovascular and kidney diseases and diabetes. Further, detained males are entitled to an examination for the early detection of cancer once a year (at most). This applies to all women who have reached the age of 20 and men who of at least 45 years of age. |
| Federal State Level Acts | Each state has its own rules. |
NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS
| Year | Recommendation | Report |
|---|---|---|
| 2017 | In the prison of Traunstein (Bavaria) a doctor came only once a week to hold a clinic for a few hours. In the prison of Karlsruhe (Baden-Württemberg) paramedics were not available during night shifts. | Report details |
| 2021 | Because of the obvious seriousness of the problem of inadequate psychiatric treatment in prisons, the National Agency believes that an investigation into the prevalence of psychiatric disorders and their treatment in German prisons is indispensable. Given its currently available resources, the National Agency is not in a position to carry out this investigation itself or to provide a complete pictures through more frequent visits. | Report details |
| 2022 | Physical restraint was used in a number of the prisons visited. The National Agency was repeatedly told that constant one-on-one supervision by therapeutic or care staff whenever physical restraint was used could not be guaranteed. The German Prison Act only requires watchful care by “trained prison officers”. One-on-one supervision should be provided by therapeutic or care staff in the immediate vicinity of the individual restrained because the use of physical restraint can pose particular health risks requiring an immediate response from qualified personnel. Moreover, therapeutic or care staff can exert a de-escalating influence and thus reduce the period for which restraint is required. | Report details |