The criteria for assigning prison cells varies from one federal state to another.

In Berlin, the prisoners sentenced for life and those who require certain support or addiction treatment are placed in specific sections.

The staff responsible for the admission of new inmates are trained to identify prisoners who may harm themselves or other people.

The prisoners who pose a risk of self-harm are generally placed under partial video surveillance. The rules may vary depending on the federal state or facility.

The Sentence Planning Board (Vollzugskonferenz) drafts a sentence execution plan for every prisoner. The plan is updated regularly. It puts together all information related to the sentence and psychological assessment. This information is used to determine the therapy or treatment that may be required later. It is also used to assess the possibility of a subsequent transfer to an open facility.

The measures taken to allow prisoners to meet their lawyer are suitable with regard to the physical space, time allowed and confidentiality. Lawyers can meet their clients anytime between 6am and 6pm. They can visit their clients in a dedicated room or in the client’s cell.

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 may express their requests, suggestions and complaints to:

• The prison director: finds an amicable settlement
• The regulatory boards: in case of failed negotiations or amicable settlement with the prison director.
• The Court for the Execution of Prison Sentences (Strafvollstreckungskammer) of the regional tribunal (Landgericht)

The complaints are filed with the regular courts. The court has two weeks upon receipt of complaint to hold a hearing. The prisoners may be present at the time of hearings. The law provides for the assistance of a lawyer. The German prison system, consisting of 16 administrations, is complicated. Few lawyers are specialised. The professional fees charged by them are considered low.

The Advisory Council of the (Anstaltsbeirat) facility acts as the mediator. In North Rhine-Westphalia, the Ombudsman can also fulfil this duty.

The National Agency may not hear individual complaints of prisoners.

The prison facilities are subject to the following external monitoring bodies:

• Advisory Councils (Anstaltsbeiräte): citizens appointed by the Ministry of Justice. They are allowed to visit the prison facilities, gather information, requests, suggestions, and complaints. This system was originally under the Section 162 of the Federal Prison Law. It is incorporated into federal state legislation.
• Delegates of each political party represented in the state parliament, in charge of the enforcement of sentences. The prisoners can share their concerns, which are passed onto the state parliament.
• In North Rhine-Westphalia, a mediator is in charge of drafting an annual report for the Ministry of Justice. It includes the reform proposals based on visits made by the mediator and complaints made by the prisoners.¹

The resources are limited for the MNP in Germany. Its annual budget is €540,000.¹ The SPT has requested the government, following its 2013 visit, to significantly increase the financial and human resources of the MNP.

The granting of a sentence reduction falls within the jurisdiction of the facility director. Before considering a sentence reduction, a team of social workers must assess the psychological state of the prisoner. This assessment is of great importance in the final decision.

A maximum of 21 days of leave is granted per year after serving six months in prison. Prisoners convicted for life sentences should serve ten years of their term before requesting release on parole.
The prisoners in safe custody (Sicherungsverwahrte) from Rosdorf prison (Göttingen) told the Knast-Soligruppe Göttigen support group about some modifications of the procedures for exit permits. The duration of their outings was reduced in September 2017, from 8 to 2.5 hours a month. The Ministry of Justice of Basse-Saxe said in reply that exit permits can be for a duration of 2 to 10 hours a month, as established by the prison authority.

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

The Federal President grants pardons if the sentence is passed by a federal jurisdiction. The Ministry of Justice of the state concerned grants pardons when the sentence is passed by a regional jurisdiction.