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Germany

Capital city — Berlin

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Country-profile

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The prison service keeps record of incidents

yes

  • A burning bin sparked a fire in a cell at Berlin’s Moabit correctional facility on the night between 12 and 13 December. The guards managed to move the occupants of the cell to safety. The Berlin fire department reported that a staff member had been injured and taken to hospital. In total, six people were examined.

    i
    13/12/2023
    / Berliner Morgenpost

Number of escapes

303

i
2020
/ Council of Europe, SPACE I – Rapport 2021, p. 119.

The number of escapes decreased by 4.11% between January 2020 (316)1 and January 2021 (303).

  1. Council of Europe, SPACE I, 2020 Report, p. 117. ↩

  • A prisoner escaped upon arriving at court and dove into a river. He was stopped by the police while trying to swim upstream.

    i
    28/12/2023
    / Saarbruecker Zeitung

  • A prisoner at Mannheim Prison escaped on a scooter during a visit to the doctor. He was found and arrested at a hotel two weeks later.

    i
    14/12/2023
    / Spiegel panorama

Overcrowding is an issue for specific types of prison facilities

yes

Prisons with an occupancy rate of more than 90% are generally considered to be overcrowded. Certain sections of prison facilities are occasionally closed or under renovation. The occupancy rate of Stuttgart-Stammheim prison is 97%. The facilities housing untried prisoners report the highest occupancy rates. As of 31 March 2018, overcrowding was observed in the following federal states: Baden-Württemberg (98%), Bavaria (93%) and Rhineland-Palatinate (91%).

  • Berlin’s Moabit Prison is still overpopulated, with a prison density of 101% as of 29 November, despite the Christmas pardons.

    i
    04/12/2023
    / taz.de

  • In Brandenburg, forensic psychiatric hospitals, used for incarcerating people as a security measure (Maßregelvollzug), have exceeded their capacity by 15%. The Ministry of Social Affairs says that all of these facilities have been overcrowded since 2021.

    i
    06/12/2023
    / Süddeutsche Zeitung

Number and percentage of elderly prisoners

3.8 % (2,151)
i
31/03/2022
/ Department of Federal Statistics, p. 12.

  • The proportion of elderly prisoners is rising in the prisons of Saxony, Saxony-Anhalt and Thuringia. On 1 December, 1,553 prisoners were incarcerated in Saxony-Anhalt, 60 of which were over 60 years old, i.e. 3.86% of the total headcount. This proportion was 2.93% on 1 December 2019.

    i
    17/12/2023
    / Süddeutsche Zeitung

Number of medical staff (FTE)

1,379

i
2021
/ Council of Europe, SPACE I – Rapport 2021, p. 89

The number of healthcare staff (FTE) has not shown any significant change. It was 1,3821 in September 2019.
Certain establishments have a shortage of nursing staff. According to the MNP’s 2021 annual report, one out of every two doctors’ posts is vacant and only two out of five planned nursing posts are filled in the Bautzen medical ward in Saxony.2 In the correctional facilities in Baden-Württemberg, only around thirty of the 48.8 FTE positions for doctors are filled. In the Stuttgart-Stammheim correctional facility, 2.5 posts are expected to cover the medical care of 700 or so prisoners. The prison doctor is largely on his own to provide this care.

  1. Council of Europe, SPACE I, 2020 Report, p. 117. ↩

  2. National Agency for the Prevention of Torture, (Nationale Stelle zur Verhütung von Folter), Rapport annuel 2021, p. 94 (in German). ↩

  • Numerous posts for doctors remain vacant, according to a doctor serving in Berlin’s prisons.

    i
    03/12/2023
    / Süddeutsche Zeitung

  • In the correctional facilities of Baden-Württemberg, 64% of posts for doctors are filled. Medical care for prisoners is provided by additional contractors and consultant physicians and via telehealth consultations.

    i
    20/02/2023
    / Stuttgarter Zeitung

Number of deaths attributed to suicide

31

i
2020
/ Council of Europe, SPACE I – Rapport 2021, p. 117.

  • Eight suicides were reported in Berlin’s prisons in 2023, compared with three in 2022.

    i
    08/12/2023
    / Berlin.de

  • In 2022, four prisoners died by suicide in correctional facilities in Saxony.

    i
    04/01/2023
    / Tag24

Suicide prevention policies are implemented

yes

Some specific safety measures may be applied in order to prevent a suicide. These may include prohibition or confiscation of objects, observation during the night, separation from other prisoners, withdrawal or reduction of outdoor physical activities, or placement in a secure cell (with no harmful objects). Some restraint measures may be authorised.

Suicidal prisoners, placed under observation, are mandatorily monitored by the medical staff. Certain federal states like North Rhine-Westphalia have not included this requirement into their legislation.

  • Senator Felor Badenberg presented a plan for the construction of a suicide prevention room at Moabit Prison in Berlin. Work is scheduled for early 2024. The measure will then be extended to all of Berlin’s prisons.

    i
    08/12/2023
    / Berlin.de

Assignment of transgender prisoners to a specific facility depends on

their own identification
their ID gender

Three prisoners were transferred to the Berlin women’s prison Following an amendment to the law on sentence execution in Berlin, in September 2022, transgender, intersex and non-binary prisoners may individually request whether they are assigned to a facility for men or for women.

  • Penelope Frank, an environmental activist who glued herself to the tarmac of the Berlin airport in 2022, could be sent to a men-only prison if convicted, as her personal records have not been changed. A fundraising campaign has been initiated so she can pay her fines and avoid prison.

    i
    23/08/2023
    / Deutsche Welle

Prisoners are paid for their work

yes

More than half the salary is deposited in a savings account. This aims to facilitate life after release. Where appropriate, one part is intended for the civil parties. The prisoner is free to have the remainder.
Prisoners from Rosdorf prison (Göttingen) contacted the Knast-Soligruppe Göttigen support group by mail. They spoke out about their working conditions, which according to them are unfavourable. Prisoners receive the main part of their salary upon release. The cash allocated to the Sicherungsverwahrte is replaced by vouchers.

See the section Persons sentenced to long-term imprisonment“ for more info on Sicherungsverwahrte.

  • Two prisoners won their case against the states of Bavaria and North Rhine-Westphalia after taking their grievance of underpaid work to Germany’s constitutional court. The wages for incarcerated individuals in these two states range from €1.37 to €2.30 per hour, while the German minimum wage is €12 per hour. The constitutional court did not define what constitutes a fair wage, leaving this decision to the legislative authorities.

    i
    21/06/2023
    / Deutsche Welle

The majority of female prisoners are placed in separate areas within male prisons. There are seven female-only facilities and these are located in North Rhine-Westphalia, Bavaria, Baden-Württemberg, Berlin, Lower Saxony, Saxony and Hesse. As of 1 March 2016, women accounted for 5,341 places in prisons.

  • In Wilsdruff (Saxony), female prisoners may have the opportunity to serve their sentences in open regimes. Three women have been accepted for a pilot test of this scheme.

    i
    10/01/2923
    / Süddeutsche Zeitung

There are designated places for cultural activities

yes

Most prisons offer art and craft workshops, in poetry, pottery, painting, etc. Burg prison in Saxony-Anhalt offers a book club and creative art therapy.1

  1. Lana Osment, “The Complexity of Rehabilitation in Open and Closed Prison Setting”, Lund University, 2018, p. 36. ↩

  • Prisoners at the Billwerder correctional facility have the possibility of participating in improvisational theatre workshops.

    i
    09/03/2023
    / Bergedorfer Zeitung

There are designated places for physical activities and sports

yes

Most prisons have dedicated space for physical activities or sports. Prisoners have access to a gym even when no sport activities are planned.

Burg prison in Saxony-Anhalt offers yoga, pilates and bodybuilding classes.1 The Hünfeld (Hesse) correctional facility schedules 225 hours of sport per prisoner per week broken up into three sessions. The activities on offer are football, basketball, table tennis, badminton, aerobics, spinning and fitness training. Ping-pong tables, fitness blocks and small basketball courts are available in the yard.

  1. Lana Osment, “The Complexity of Rehabilitation in Open and Closed Prison Setting”, Lund University, 2018, p. 36. ↩

  • The Vechta correctional facility has partnered with an Osnabrück football club so prisoners can participate in training sessions with players from the club.

    i
    2023
    / NDR

The authorities have reduced their efforts to implement risk reduction programmes, particularly in Bavaria. No needle exchange programmes are offered. In Fühlsbüttel prison (Hamburg), the automated machine which allowed to exchange needles has been removed.

Condom distribution is very rare.

  • On 15 February 2023, the World Health Organisation published a report on healthcare services in European prisons. The report was drawn up based on data from the ministries responsible for health in prison. It indicates that, in all but two Länder, most correctional facilities distribute condoms. Syringes are distributed in only one Land, and not in all of its prisons.

    i
    15/02/2023
    / Organisation mondiale de la santé

Prisoners are accommodated in single cells

in most facilities

Prisoners may be kept in group cells if the facility is overcrowded. This standard is equally applicable to prisoners in need of assistance.

  • Thuringia’s prison rules state that it is possible, in the facilities whose construction began prior to 3 October 1990, to assign more than two people to one cell if necessary due to the facility’s occupancy rates. However, this measure can only be applied until 31 December 2024.

    i
    17/03/2023
    / Rhönkanal

Number of complaints filed by prisoners against the prison service

-

Education is provided

in all facilities

Secondary level classes are offered to prisoners who have not achieved this level.

  • Prisoners at the Würzburg correctional facility can pursue higher education via correspondence courses with the University of Hagen, but this is a unique situation in Bavaria. If a prisoner in another Bavarian facility wishes to take university courses for a bachelor’s or master’s degree, they must first be transferred to the Würzburg facility. Thirty-four people have studied there since 2011, including five who obtained diplomas. In March 2023, five students were enrolled. Students have access to a room equipped with eight computers and with books in order to complete their distance learning. They also receive financial compensation.

    i
    20/03/2023
    / Süddeutsche Zeitung

Prisoners may file a complaint against prison authorities if any of the decisions have an adverse impact on them. Complaints are made in writing. They may also be made verbally through the facility director. The timings for hearings are provided to this effect.

  • Prisoners can contact the Ministry of Justice and Migration of the Land in charge of their facility, as the competent supervisory authority for any complaint relating to their treatment by the correctional facility.

    i
    21/03/2023
    / Badische Neueste Nachrichten

  • Complaints from prisoners at Tegel correctional facility are ignored.

    i
    11/02/2023
    / Spiegel

The prison service offers activities to prisoners

yes

The NPM reports a limited offering of sports and professional activities.

i
2021
/ National Agency for the Prevention of Torture, (Nationale Stelle zur Verhütung von Folter), "Annual Report 2021", p. 90 (in German).

  • A former prisoner has spoken out against the limited recreational options at the Heimsheim correctional facility. The available activities only address specific concerns such as drug or alcohol problems. Athletic activities are limited. Management denies these allegations, stating that volunteers provide athletic, musical and even culinary activities.

    i
    21/03/2023
    / Badische Neueste Nachrichten

Correctional facilities

As a rule, people with mental health disorders are placed in the general population sections of correctional facilities. They can receive psychiatric care as outpatients.

“Socio-therapeutic” (SothA) units within correctional facilities provide psychological and therapeutic treatments. These units typically hold prisoners convicted of sexual offences or serious personal injury. They are managed by teams that include psychologists, educators and social workers. They are under the direction of the regional Ministry of Justice.

The CPT observed that psychiatric care was inadequate in the Bayreuth and Gelsenkirchen prisons. Prison management had trouble transferring prisoners with acute mental disorders to a suitable therapeutic environment.1

The NPM indicated that, in 2021, one prisoner had been in solitary confinement for over a year in the correctional facility of Bautzen (Saxony) due to his mental illness and a lack of understanding of that illness. He could not be transferred to the Leipzig prison hospital, as it lacked available spaces. The NPM noted similar cases in the correctional facility of Schwalmstadt (Hesse).2

Psychiatric units (APP) in prison hospitals

Some prison hospitals have psychiatric units for prisoners with mental disorders whose treatment requires hospitalisation. APPs are under the direction of the regional Ministry of Justice.

General psychiatric hospitals

A prisoner can be transferred to a general psychiatric hospital in case of emergency. The Ministry of Health is the authority in charge of these hospitals. Prison guards or police officers are responsible for security when prisoners are hospitalised.

Forensic psychiatric hospitals

German law stipulates that a person with a mental disorder at the time of their offence must complete compulsory treatment called a “preventive measure”. This type of measure must be distinguished from a sentence. Forensic psychiatric hospitals are dedicated to receiving these individuals.3 These facilities are overseen by the Länder. Some are part of general hospital complexes, while others are independent facilities.

A prison sentence can be accompanied by a “preventive measure”. People serving both are placed in forensic psychiatric hospitals before being incarcerated.4

Individuals sentenced to “preventive measures” may be placed in general psychiatric hospitals if there is not enough space available in the forensic psychiatric hospitals. This situation is relatively uncommon.

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the German Government on the periodic visit to Germany carried out by the European Committee for the Prevention of Torture (CPT) from 1 to 14 December 2020, p. 5. ↩

  2. National Agency for the Prevention of Torture (Nationale Stelle zur Verhütung von Folter), Annual Report 2021, p. 86. ↩

  3. Article 63 of the Criminal Code (Strafgesetzbuch) ↩

  4. Article 67 of the Criminal Code (Strafgesetzbuch) ↩

  • A former prisoner has condemned the shortcomings in psychological care at the Heimsheim correctional facility. He spoke out against the absence of psychological interviews and claimed the social service is overwhelmed. Management denies these allegations. They say that the six psychologists and eleven social workers assigned to the facility “properly address prisoner welfare”.

    i
    21/03/2023
    / Badische Neueste Nachrichten

The communal showers can accommodate eight to ten people. Each one has a partition and respects inmates’ privacy. The method of accessing showers varies according to the facilities. A decision taken by the Provincial Appeal Court (Oberlandesgericht) of Hamm (North Rhine-Westphalia) dated 2016 ensures prisoners have access to showers twice per week. (1 Vollz (Ws) 458/15). Those who work or practice sport have daily access to showers.

  • A former prisoner has spoken out against the prison conditions at the Heimsheim correctional facility. The showers do not work, and repairs can take weeks or months. Management denies these allegations. They say the broken showers were repaired and prisoners were able to shower regularly.

    i
    21/03/2023
    / Badische Neueste Nachrichten

There are limitations to the duration of pre-trial detention and the majority of cases are assessed within six months. The maximum duration of pre-trial detention is one year. It can be longer than six months but “only if there are particular issues, a case with unusual severity or another major reason which make the assessment impossible” (section 121 of the Code of Criminal Procedure). At the end of the statutory time limit, untried prisoners must be released unless the court can reasonably justify a continuation of the pre-trial detention period.

According to a press release from the German Association of Judges (Deutscher Richterbund), 66 prisoners across the country were released from remand detention in 2021 due to the excessive duration of legal proceedings before sentencing. The law states that the justice system must make every effort to begin proceedings as quickly as possible.

  • The number of people released from remand detention is increasing due to excessively long criminal proceedings. At least 300 people were released from remand detention for this reason between 2017 and 2022, including 73 or more in 2022.

    i
    12/02/2023
    / Süddeutsche Zeitung

Foreign prisoners are allowed to work while incarcerated

yes

Prisoners facing deportation do not usually have the right to work externally. 1 Places in vocational training are reserved for German inmates and prison authorities believe that efforts to support the societal reinsertion of prisoners who will remain in Germany must be given priority.

  1. Centre for the Study of Democracy, “Re-socialisation of offenders in the EU: enhancing the role of the civil society (re-soc). Workstream 3: Vulnerable Groups of Inmates. Country Report – Germany” 2014, p. 10. ↩

  • Foreign prisoners in the Tegel correctional facility are reportedly discriminated against, particularly as regards access to work.

    i
    2023
    / Spiegel

Number of prison guards (FTE)

-

  • In 2023, 4,366.5 positions existed within the Baden-Württemberg prison service. The new budget for 2023 and 2024 includes financing for the creation of 273 additional positions. At end-2022, 91% of the positions within the correctional service were filled.

    i
    20/02/2023
    / Stuttgarter Zeitung

Total official capacity of the prison facilities

72,416

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06/2022
/ World Prison Brief, ICPR

  • In December 2022, the occupancy capacity of correctional facilities in Baden-Württemberg was 7,399 spaces, of which 6,746 were occupied. Eight hundred additional detention spaces have been created in Stuttgart, Heimsheim, Ravensburg, Schwäbisch Hall and Mannheim.

    i
    20/02/2023
    / Stuttgarter Zeitung

The publication is subject to censorship. The Lichtblick, published at Tegel prison, in Berlin, is the only one not subject to censorship. The authorities have tried, unsuccessfully, to reduce its freedom.

  • The Siegburg correctional facility has launched a podcast on which prisoners can recommend books from the prison library.

    i
    27/01/2023
    / WDR