Press Release
Council of Europe anti-torture Committee
publishes report on Germany
Strasbourg, 22.02.2012 – The Council of Europe's
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) published today the report on
its most recent visit to Germany, in November/December 2010, together with the
response of the German authorities.
The CPT heard no allegations of recent ill-treatment during custody in police
establishments. However, a few allegations were received from detained persons
(including juveniles) that they had been subjected to excessive use of force by
police officers at the time of apprehension (in particular, punches and kicks).
As to the continued use of four-point Fixierung (the physical fixing to a bed or
mattress) of agitated and/or violent detained persons in police establishments,
the Committee has recommended that the authorities put an end to this practice.
In their response, the German authorities state that the practice of Fixierung
in a police context has been abolished in many of the Länder, but continues to
be applied in some Länder in rare, exceptional cases.
One of the objectives of the visit was to examine in detail the conditions of
detention in units for immigration detainees in prisons. In this
connection, the CPT was particularly concerned about the situation found at
Munich-Stadelheim Prison, where immigration detainees were subjected to severe
restrictions regarding visits and access to the telephone. In their response,
the German authorities state that immigration detainees in Munich-Stadelheim
Prison have now been granted more frequent access to the telephone and at least
one visit of one hour per week. They further informed the Committee that
renovation work has been carried out in the unit for male immigration detainees.
The CPT received several allegations of inter-prisoner violence (beatings,
threats and extortion), mainly from juveniles at Cologne, Herford and Leipzig
Prisons. The Committee noted that efforts were being made to counter this
phenomenon and has invited the authorities to remain vigilant in this regard.
The Committee also criticised the fact that prisoners, including juveniles, were
occasionally subjected to means of physical restraint (Fixierung) for prolonged
periods, and has reiterated the safeguards that should surround any application
of Fixierung in the context of prisons. The Committee has also stressed that the
aim should be to abandon the resort to Fixierung in non-medical settings.
Particular attention was paid to the situation of persons subject to
preventive detention (Sicherungsverwahrung) at Burg, Freiburg and Schwäbisch
Gmünd Prisons. The visits took place at a time when the entire system of
preventive detention in Germany was undergoing a major reform, in the light of
recent judgments of the European Court of Human Rights. The CPT found that the
differentiation between preventive detention and prison sentences (Abstandsgebot)
was not always effectively implemented and that there was a shortage of
psychological care and therapeutic activities. However, the Committee has
welcomed the concrete measures being taken to improve the situation, notably at
Freiburg Prison; namely, the transfer of persons in preventive detention to a
new building with a less carceral infrastructure, the significant increase of
staff as well as newly developed special “motivation programmes” and therapeutic
activities.
At the Rheine Forensic Psychiatric Clinic, the CPT gained a generally
favourable impression of the living conditions and treatment provided to
patients.
The CPT report also notes that surgical castration is applied in a few German
Länder in rare, isolated cases. The Committee makes clear its fundamental
objections to the use of surgical castration as a means of treatment of sexual
offenders and has recommended that it be discontinued. In their response, the
German authorities state that they are currently reviewing the matter.
Both documents have been made public at the request of the German Government and
are available (in English and German) on the CPT’s website:
http://www.cpt.coe.int
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