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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: Similarly as our colleagues from Norway in the KMS011220 query, we have to state that also Slovakia has been repeatedly criticised by the international monitoring bodies for the insufficient meaningful activities that would reduce the isolation of inmates. The criticism focused particularly on insufficient activities of pre-trial detainees in the stricter regime of remand and in the closed regime of remand; apart from walks, these pre-trial detainees are isolated in their cells the major part of the day (if their meetings with advocates are not counted, they spent in the cell 23 hours a day). Pre-trial detainees assigned to the stricter regime are those whom the court limited their personal freedom in order to prevent their impact on witnesses, experts, co-pre-trial detainees or in order to prevent any other effort to impede the clarification of facts significant for criminal prosecution. Pre-trial detainees assigned to the closed regime are those for which there are obstacles of placement to the mitigated regime with free movement inside the prison premised laid down by the law (pre-trial detainees who violate the House Rules, accused of committing serious and violent crimes and the like). At the moment, we are searching for possibilities how to improve the conditions of the stricter and closed regime of remand (to extend the stay outside cells to at least 8 hours a day within these regimes). We will be grateful for your experience and implemented solutions.
This issue depends on the instructions given by the court. In this sense, we try to give the detainee as lot of freedom as possible inside the prison. But, as stated before, always respecting the court indications.
If the pre-trial detainee defined in point 1 is in the stricter regime, how many hours a day can he/spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?As stated before, it always depends on the indications of the court.
Within the remand regime, is there also a regime where pre-trial detainees are not locked in cells, can move and meet free in the designated common areas? If yes, are there any obstacles of assignment to this regime?This type of regime is the common regime for pretrial detainees. The usually regime of these inmates is the same regime as the one of inmates that have already been sentenced. It is called ordinary regime.
If there are obstacles under point 3 and the pre-trial detainee is in the “closed” regime, how many hours a day does he/she spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?In Sweden, the prosecutor may be given permission by the court to impose restrictions on the pre trail detainees. These restrictions concerns the detainee´s possibilities to interact freely with other persons. This means that permission to make phone calls, permission to receive visitors, mails and spend time with other people than staff has to be given by the prosecutor. For each of these activities, except spending time with staff, the detainee has to apply to the prosecutor. This does not mean that the detainee is under a stricter regime by definition, the Swedish Prison and Probation Service (SPPS) has the highest priority in preventing isolation within this group of inmates, and makes everything possible to help this category of detainees spend as much time as possible outside the cell, mainly together with staff. SPPS would like to increase the time spend with other people outside the cell to prevent isolation, however, this is a time and resource consuming task. Adding a high level of occupancy and few rooms to use makes it an even harder task. Every detainee, according to the rules, shall have a plan that has been made together with the staff where preventing isolation is the main thing to plan to avoid. A lot of programs has been developed to be able to fill the time together with staff useful tools and in connection with the needs of the individual that has been investigated when making the above mentioned plan. Around 68% of the detainees have restrictions imposed on them at the beginning of their time in detention. The other detainees who doesn´t can meet other people more freely. The answers below focuses merely on the 68% detainees that are under restrictions.
If the pre-trial detainee defined in point 1 is in the stricter regime, how many hours a day can he/spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?On average, detainees that has restrictions imposed by the prosecutor, spend just above one hour together with other people per day (the average amount of time is increasing every year), and around 20% of these detainees spend 2 hours or more together with other people per day. Mainly together with staff, but if the prosecutor gives his or her approval, together with other detainees or representatives from volunteer organisation/NGO´s that SPPS works closely together with, such as the Red Cross and others. There are many different activities to choose from in the interaction between staff and detainees, such as discussions/conversations from developed topics, playing sports and other forms of exercises and yoga to mention a couple of examples.
Within the remand regime, is there also a regime where pre-trial detainees are not locked in cells, can move and meet free in the designated common areas? If yes, are there any obstacles of assignment to this regime?If the prosecutor has been given the right to impose restrictions on the detainee by the court they cannot meet freely in designated common areas. The SPPS works closely with the prosecuting authority to be able to gather small groups of detainees that has restrictions but are not involved in the same investigations which mean that the possibility to interfere in the investigation is slim, so called restriction groups, who gather in small groups in designated common areas to participate in staff lead activities.
If there are obstacles under point 3 and the pre-trial detainee is in the “closed” regime, how many hours a day does he/she spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?See answers given above.
Prisoners held on remand, or convicted but awaiting sentencing, would be held in Reception Prisons with a regime focused on meeting initial needs and settlement into prison. These prisoners would also get enhanced provision of legal visits, bail information and prisons would ensure attendance at court when required. These prisons also hold those serving very short sentences, and usually those who are coming to the end of their sentence, for release into the local area. The Reception Prison MOD includes evidence, statistics, additional considerations, best practice case study examples and process/procedural timelines to assist Governors of Reception Prisons to effectively design their regimes. I have attached the Reception Prison MOD and underlying evidence pack, though please be aware these were published in 2018 so are somewhat out of date. We have been working on a refresh but are not in a position to share updated MODs as yet. Unconvinced prisoners will, of course, have different entitlements to those who are convicted, this includes for visits, prison clothing, basic spending limits, cell-sharing and activity provision, though these are not specifically touched upon in the MOD. A lot of this information would be available in PSO 4600 Unconvicted, Unsentenced and Civil Prisoners and Prison Rules (1999). Residential Services PSI 75/2011 covers time in the open air policy and time out of cell (although, for the latter, there is no minimum – Governors have discretion to operate such regimes as they deem necessary and appropriate). We currently do not hold this data centrally on measurement of time out of cell. Work has begun on developing performance measures on (hours in) Purposeful Activity and Time Unlocked, with the Purposeful Activity measure aiming to be in place for the next performance year (22/23). Time unlocked is much more complex and is likely to take longer to develop.
If the pre-trial detainee defined in point 1 is in the stricter regime, how many hours a day can he/spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out? Within the remand regime, is there also a regime where pre-trial detainees are not locked in cells, can move and meet free in the designated common areas? If yes, are there any obstacles of assignment to this regime? If there are obstacles under point 3 and the pre-trial detainee is in the “closed” regime, how many hours a day does he/she spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?Attachments:
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All pre-trial detainees are applied the same regime – they are placed in locked cells under supervision. Pre-trial detainees are not free to move around and meet free in the designated common areas of the facility. They are accommodated in cell-type premises and may move around the facility only escorted by prison officers. Pre-trial detainees may participate in occupational activities and events outside the cell: they can communicate with prison officers, visit doctors, psychologists, make phone calls or receive visits, use limited internet access or library services. Programs and events outside the cell (sports, occupation or gaming rooms, TV rooms included) are organized according to the facility’s capacities, availability of prison officers, weather conditions. Before lockdown, pre-trial detainees used to meet other detainees at the meetings with volunteers or organizations, at various projects, at the events organized by prison staff, or during different activities such as tennis, gym, basketball, etc.
If the pre-trial detainee defined in point 1 is in the stricter regime, how many hours a day can he/spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out? Within the remand regime, is there also a regime where pre-trial detainees are not locked in cells, can move and meet free in the designated common areas? If yes, are there any obstacles of assignment to this regime? If there are obstacles under point 3 and the pre-trial detainee is in the “closed” regime, how many hours a day does he/she spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?It is possible for the police as preventive measures to decide, that the pre-trial detainees may not receive any or only some visits and/or that the visits must be conducted supervised and/or that all or some letters to and from the pre-trial detainees are to be checked or withhold. The pre-trial detainees are always entitled to unsupervised visits and unchecked correspondence with his/hers counsel, the court and certain other authorities. Pre-trial detainees are in general not placed in solitary confinement, unless decided by the court or The Prison and Probation Service. When it is decided, that the pre-trial detainees is to be held in solitary con-finement, it is possible for the pre-trial detainees to have a television set made available on his/her cell free of charge. It may also be possible for the person to receive more visits and the duration of the visits may not be shorter than one hour.
If the pre-trial detainee defined in point 1 is in the stricter regime, how many hours a day can he/spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?There are not rules set in place regarding exact specifications on how many hours a day a pre-trial de-tainee in a stricter regime can spend outside his/her cell, or exactly which individual or group activities he/she can carry out. It will thus be an individual and concrete assessment based on the specific circum-stances of each case, including the reasons why the person is in a stricter regime, as well as the condi-tions and facilities of the remand center in question.
Within the remand regime, is there also a regime where pre-trial detainees are not locked in cells, can move and meet free in the designated common areas? If yes, are there any obstacles of assignment to this regime?The conditions and facilities of the remand centers will usually mean that only limited association with other pre-trial detainees is possible. There are no general rules set in place regarding exact specifications on the pre-trial detainees’ access to free movement, including access to the below mentioned recreational activities, and it will thus de-pend on the conditions and facilities of the remand center in question. The remand centers will usually have some recreational activities, such as table tennis and fitness train-ing, as well as radio, television, books and the like. Pre-trial detainees are furthermore entitled to at least one hour a day in open air.
If there are obstacles under point 3 and the pre-trial detainee is in the “closed” regime, how many hours a day does he/she spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?There are no general rules set in place regarding exact specifications on how many hours a day a pre-trial detainee in a “closed” regime can spend outside his/her cell, or exactly which individual or group activities he/she can carry out. It will thus be an individual and concrete assessment based on the specific circumstances of each case, including the reasons why the person is in a “closed” regime, as well as the facilities and conditions of the remand center in question.
According to Remand Imprisonment Act chapter 1 section 3, the purpose of remand imprisonment is to secure a criminal investigation, court proceedings and enforcement of a sentence and to prevent the remanded person from continuing criminal activities. When the criminal investigation is in progress, the court can restrict contact between a remanded person and another person if there are grounds to suspect that such contact would endanger the purpose of the remand (Coercive Measures Act, chapter 4 section 1). The restriction of contacts may contain restrictions on correspondence, the use of the telephone, meetings or other contacts outside the place of confinement or the prison, or association with a certain apprehended, arrested or remanded person. The personal freedom of a detainee should not be limited more than what is what is necessary to secure the enforcement of remand imprisonment. In practise, the regime depends on the extent of the restrictions and the restrictions can lead to a stricter regime being applied.
If the pre-trial detainee defined in point 1 is in the stricter regime, how many hours a day can he/spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?The time that a remandee with restrictions of contact can spend outside the cell depends on the extent of the restrictions. If contact is restricted only between the remandee and other people involved in the same case, the remandee can usually be placed in in a same ward with other detainees who have no restrictions of contact. In this case a mitigated regime applies. However, if contact is restricted more than this, the remandee might have to be placed in a ward with a stricter regime. This can sometimes mean that the remandee can spend time outside the cell from one hour to a few hours. Remandee placed in this kind of a ward can exercise outdoors for one hour a day and for example buy goods for personal use in prison shop and exercise in the gym once a week, see officials and health care workers in their reception and take part in activities provided by the prison. In some prisons/wards the remandee can spend time in a common area alone on request. The time spent outside the cell in a stricter regime and the activities in which the remandee can take part in vary depending on prison.
Within the remand regime, is there also a regime where pre-trial detainees are not locked in cells, can move and meet free in the designated common areas? If yes, are there any obstacles of assignment to this regime?In principle, pre-trial detainees with no restrictions of contact are not kept locked in cells during daytime. The main obstacle of assignment to this kind of regime are strict restrictions of contact that can’t be enforced if the detainee is placed on a ward with other remandees with no restrictions of contact. Safety issues can also be an obstacle of assigning a remandee to a more open regime / ward. A remandee can also request placement to this kind of ward. Keeping a detainee locked in a cell can be used as a precautionary measure (such as isolation under observation for safety purposes, isolation under observation for the purposes of detecting prohibited substances, and segregation of a remand prisoner). Also violating the prison rules can lead to a a disciplinary punishment that can be carried out as placement in solitary confinement. It should be noted that precautionary measures and solitary confinement are only temporary.
If there are obstacles under point 3 and the pre-trial detainee is in the “closed” regime, how many hours a day does he/she spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?The time spent outside the cell is similar to what the detainees with restrictions of contact have. Activities spent outside the cell vary depending on the prison as stated before.
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Inmates can be placed in 3 different life regimes which entail a life with more or less restrictions inside the prison. There is the closed regime, which is the more restrictive one, the regular regime and the open regime, where inmates are allowed to spend the day or the entire week out of the prison. As a rule, pre-trial detainees are placed in regular regime, which entails staying inside the cell 8 hours at night and then, two hours for personal affairs and sufficient time to participate in therapeutic and cultural activities, sports, work and share the common areas of their unit with the rest of pre-trial inmates. Only in the event that the person shows disruptive or violent behaviour or put others’ safety at risk, the closed regime foreseen by art. 10 of the General Penitentiary Law should apply. In order for it to be applicable, reports recommending such regime must be issued by the multidisciplinary team, the prison management and the prison treatment board. An inmate can only be placed in closed regime for the time the risk of self-harm, the disruptive or violent behaviour persists. It should cease as soon as the risk diminishes or disappears and never last longer than 3 months. Only the judge can impose restrictions to the regular regime in which pre-trial detainees are generally placed. The type and length of such restrictions, which in most of the cases is not allowing communication of the inmate with others, must be detailed by the court decision and cannot last longer than 5 days. If the court does not specify which are the restrictions to the regular regime of the inmate on remand, then art. 19 RP applies. In practice art. 19 RP entails that the inmate will be placed in an individual cell and can only spend time outdoors by himself. S/he will only be in contact with a doctor and prison officers. The timeframe and the length of this outdoor time will depend on the possibilities of the unit where s/he is placed. It should be noted however, that the judge usually imposes the stricter regime for remanded inmates in cases of organised crime or when more than one person is suspected to have committed the offence collaboratively, in order to prevent them from being in contact with each other before trial. In such case, each of the inmates is placed in different prisons so that they cannot have contact among them. Therefore, they will have access to the same activities, common areas in the prison and time outdoors, as the rest pre-trial detainees.
If the pre-trial detainee defined in point 1 is in the stricter regime, how many hours a day can he/spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?According to art. 2.1. of Circular 2/2017 on closed regime in the prisons in Catalonia, when an inmate, being on remand or already sentenced, is placed in closed regime, s/he will be able to spend at least a minimum of 6 hours a day outside his/her cell, including 3 hours a day in the prison courtyard and in addition, time to receive individualised support by prison treatment professionals and time to use the common areas of the prison. Those inmates that have been placed in closed regime because their behaviour posed a risk to themselves or to others, a first stage of adjustment to close regime can be imposed for no longer than 15 days. Such stage of adjustment which is a stricter mode of closed regime, entails that the inmate will enjoy a minimum of 3 hours in the courtyard and 2 hours a week of individualised support.
Within the remand regime, is there also a regime where pre-trial detainees are not locked in cells, can move and meet free in the designated common areas? If yes, are there any obstacles of assignment to this regime?As answered in question 1), inmates placed in regular regime, even if they are not mixed with sentenced inmates, have access to common areas of the units for pre-trial detainees, which are similar to those in the units for sentenced inmates.
If there are obstacles under point 3 and the pre-trial detainee is in the “closed” regime, how many hours a day does he/she spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?As answered in question 1, as a rule inmate on remand are placed on regular regime, which entails that they will be a minimum of 8 hours in the cell at night, in addition 2 hours for their personal affairs, and sufficient time outside the cell in order for them to take part in cultural, therapeutic activities, sports or alike. Such cultural, therapeutic activities or sports for pre-trial inmates are similar to those meant for sentenced inmates. However, given that they have not been sentenced yet, they cannot access the various treatment programmes in place that are specific to address either violent behaviour, gender violence, sexual violence or drug abuse.
Section 3 Paragraph 1 of the Law on the Procedures for Holding under Arrest (hereinafter - Law) of Latvia determines that an arrested person is a person who has been applied a security measure – arrest – by the investigating judge or a court. Arrest is carried out in an investigation prison. Arrested men and women, as well as juvenile and adult detainees are placed separately. Section 11 Paragraph 1 of the Law stipulates that an arrested person who has been placed in an investigation prison in the cases stipulated in the laws and regulations governing execution of criminal punishments shall be placed in the investigation prison in a closed room (cell). While Paragraph 3 of the same Section says that, upon instruction of a person directing the proceedings, persons arrested within the scope of one criminal proceedings shall be accommodated separately. Additionally, it shall be noted that arrested persons shall be accommodated separately from convicted persons, except the case when convicted persons are placed in an investigation prison due to committing another criminal offense. Section 11 Paragraph 5 of the Law specifies that if an arrested person is a judge, a person belonging to the judicial system, an employee of an investigative institution, criminal penitentiary institution, state institution performing operational activities, municipal police or another state institution related to ensure state and public security, a former employee, his or her spouse or a relative of first degree, the above mentioned person shall be placed separately from other arrested persons. An arrested person who has helped to discover a crime committed by another person and for whom the court has reduced the sentence specified in the judgment in accordance with the procedures specified in the Criminal Law shall be placed separately from other arrested persons if he or she so requests. Arrested persons who, before detention, have not served their sentences in prison, shall be placed separately from other arrested persons. It should be noted that the degrees of the regime for arrested persons imprisoned in Latvian prisons are not determined. The security measure of the arrested person shall be executed in the closed cell of an investigation prison. Arrested persons are placed in closed cells in order to prevent his/her possible impact on persons involved in criminal proceedings (witnesses, victims, experts) as well as to prevent any effort to impede the clarification of facts significant for criminal proceedings. At the same time, it should be noted that arrested persons are placed in cells with due regard for internal security, the offense commited, as well as (as far as possible) their personal characteristics and psychological compatibility.
If the pre-trial detainee defined in point 1 is in the stricter regime, how many hours a day can he/spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?All arrested persons in Latvian prisons have equal rights that are specified by Section 13 Paragraph 1 of the Law. An arrested person has the right to have a daily walk lasting not less than one hour (if there is a corresponding instruction from a physician, not less than one and a half hours long). An arrested person has the right for a meeting lasting not less than one hour with his or her relatives, a spouse or other persons not less than once a month, but arrested juveniles – not less than once a week, for maintaining family and relative relations and maintaining and promoting of socially useful contacts (meeting restrictions to the arrested person shall be determined by the investigating judge or the court in a written statement). An arrested person has the right to meet the defender alone without restriction, arrested foreigners – also a representative of his/her country’s diplomatic or consular mission alone without restriction, in accordance with the agenda of the investigation prison. In order for the arrested person to be able to spend his/her free time usefully and meaningfully, he/she has the right to subscribe to the press, as well as to use the library of the investigation prison, use personal small household appliances – television and video games, radio receiver (without voice recording). In addition to the above mentioned rights, an arrested foreigner and an arrested person who does not have a permanent residence in Latvia, have the right to communicate with relatives, spouses or other persons by video call twice a month for up to 15 minutes in the presence of a representative of an investigation prison. It can be concluded from the above mentioned normative acts that arrested persons can go for walks at least for one hour a day, meet with relatives, meet with a lawyer, subscribe to the press and use the library of the investigation prison, listen to the radio, watch TV, play video games, write letters to family as well as communicate with relatives by phone or video call. Paragraph 25 of the Cabinet Regulation No.800 “The Rules of Procedure of the Investigation Prison” (hereinafter – Regulation No.800) of 27 November 2007 stipulates that the agenda includes working time and time for the education, regime and educational activities, meals, numerical checks, daily walks, rest time, as well as a continuous eight-hour night rest. While Paragraph 26 of the Regulation No.800 stipulates that the procedural activities in the investigation prison shall be performed on working days within the time prescribed in the agenda of the prison. On weekends and public holidays, procedural activities are carried out with the prior agreement of the person directing the proceedings with the administration of the investigation prison. In addition, Section 23 of the Law stipulates the means for social rehabilitation of arrested persons, i.e., main means for social rehabilitation of arrested persons are socially useful activities – acquisition of general, vocational and interest education, educational events and employment, psychological care, as well as solving social problems (provision of information on opportunities to receive social services and social assistance, processing of identity documents etc.), religious events, employment, sports measures. Section 53 of the Regulation No.800 determines that educational and religious events in the investigation prison take place at the time specified in the agenda in the presence of the administration of investigation prison. The arrested person participates in educational and religious activities on a voluntary basis. While Section 56 of the Regulation No.800 determines that Head of the investigation prison or an official authorized by him may allow the arrested person to attend educational and religious events or meet with the clergyman individually, observing the restrictions imposed by a person directing the proceedings, isolation requirements, medical instructions or other considerations related to security of the institution, or to make a reasoned refusal. It should be noted that the administration of the investigation prison employs the arrested person within the framework of social rehabilitation, if the arrested person has submitted an application addressed to Head of the investigation prison and there is a possibility of employment in the investigation prison. The arrested person may be involved free of charge only in the cleaning and improvement of the investigation prison and the surrounding area, as well as in the improvement of the cultural and living conditions of arrested persons. These activities may last two hours a day according to the daily schedule. If the arrested person has requested, he or she may be employed for a longer period. It can be concluded from the above mentioned that arrested persons have quite wide opportunities to spend meaningful and useful free time outside the cell, i.e., arrested persons can engage in educational activities, psychological and mental care activities, have individual consultations with a social worker and Senior Inspector of Resocialisation Department, engage in employment process, participate in resocialisation programs, as well as attend sports activities (resocialisation measures of arrested persons in the investigation prison take place at the time provided for in the agenda).
Within the remand regime, is there also a regime where pre-trial detainees are not locked in cells, can move and meet free in the designated common areas? If yes, are there any obstacles of assignment to this regime?The regulation of the normative acts of the Republic of Latvia does not provide for the arrested persons to move freely around the territory of the investigation prison, while the normative acts envisage the arrested persons to be locked in the cell. An arrested person outside the cell may only be accompanied by an officer of the investigation prison.
If there are obstacles under point 3 and the pre-trial detainee is in the “closed” regime, how many hours a day does he/she spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?As previously mentioned, the normative regulation for arrested persons does not provide the degrees of regime. Answer to Question 2 explains the activities outside the cell organized for arrested persons.
The Austrian Code of Criminal Procedure (“Strafprozessordnung – StPO) rules the imprisonment on remand in Austria. The purpose of detaining a suspect in pre-trial detention is to counteract the grounds for detention (§ 182 (1) StPO). Life in pre-trial detention should be brought into line with general living conditions as far as possible. Restrictions may only be imposed on arrested accused insofar as this is legally permissible and necessary to achieve the purpose of detention (paragraph 1) or to maintain security and order in the prison (§ 182 (2) StPO).When executing pre-trial detention, particular attention must be paid to the fact that 1. The presumption of innocence applies to accused persons, 2. Accused persons have sufficient opportunity to prepare their defense and 3. The harmful consequences of deprivation of liberty are counteracted in an appropriate manner (§ 182 (3) StPO).
If the pre-trial detainee defined in point 1 is in the stricter regime, how many hours a day can he/spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?The decision as to the persons with whom detained defendants may communicate in writing and by telephone and as to the visits they may receive, the monitoring of their correspondence and telephone communications and their visits, and all other orders and decisions relating to the communications of detained defendants with the outside world (sections 86 to 100 of the Prison Act) shall, with the exception of the monitoring of parcel post, be the responsibility of the public prosecutor's office in the preliminary proceedings and of the court in the main proceedings. Monitoring of correspondence and telephone traffic may be dispensed with only to the extent that there is no reason to fear that it will impair the purpose of detention. (§ 189 (1) StPO). As long as prisoners on remand have the approval of the public prosecutor's office or the court, they can take part in all offered individual or group activities. In nearly all other respects, all orders and decisions concerning detention in pre-trial detention shall be the responsibility of the head of the institution or the prison officer appointed by the head of the institution for this purpose. (§ 189 (3) StPO).
Within the remand regime, is there also a regime where pre-trial detainees are not locked in cells, can move and meet free in the designated common areas? If yes, are there any obstacles of assignment to this regime?Please see our answer to question 2. If the prisoners on remand have the approval of the public prosecutor's office or the court, they can take part in all offered individual or group activities as well as they can move and meet freely in the designated common areas. There might be obstacles within the requirement of the separation of complicity or the non-approval of the court.
If there are obstacles under point 3 and the pre-trial detainee is in the “closed” regime, how many hours a day does he/she spend outside his/her cell (apart from walks and meeting with advocate)? Which individual or group activities can he/she carry out?In case of obstacles within the requirement of the separation of complicity, inmates generally have access to all activities (and spending time outside the cell), but care must be taken to ensure that accomplices do not meet/communicate with each other.