Germany
Capital city — Berlin
Country population
i2022Incarceration rate (per 100,000 inhabit…
i2022Type of government
Human Development Index
0.942(9/191)
i2022/ United Nations Development Program, "Human Development Reports"Homicide rate (per 100,000 inhabitants)
Name of authority in charge of the pris…
Federal Ministry of Justice and Consume…Each federal stat…
Total number of prisoners
i2022Average length of imprisonment (in mont…
i2021/ Council of Europe, “Annual Penal Statistics. Space I – Prison Populations. Survey 2021, p. 124.Prison density
i06/2022Total number of prison facilities
179including 13 open…
i2018An NPM has been established
yesThe MNP initially…
Female prisoners
i03/2022/ Federal Office of Statistics, p. 12.Incarcerated minors
i01/2021/ Council of Europe, SPACE I – Rapport 2021, p. 44.Percentage of untried prisoners
i12/2021/ Council of Europe, SPACE I – Rapport 2021, p. 52.Death penalty is abolished
yes, in 1949 in the FRG and in 1987 in…The death penalty…
Health
Organisation of health care
Ministry in charge
Ministry of Justice
Every prison facility has a health care unit
A new hospital is built in the correctional facility (JVA) of Leipzig (Saxony), replacing the former prison hospital built in 1913. The new facility can hold up to 80 prisoners (men and women). It has single and double rooms. In the former hospital, up to six patients could be assigned to the same room. The hospital specialises in psychiatry, but it also treats physical illnesses. An agreement enables prisoners from Saxony-Anhalt and Thuringia to be hospitalised in Leipzig.
Number of medical staff (FTE)
1,379
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.
Council of Europe, SPACE I, 2020 Report, p. 117. ↩
National Agency for the Prevention of Torture, (Nationale Stelle zur Verhütung von Folter), Rapport annuel 2021, p. 94 (in German). ↩
The types of care provided vary according to the prison size. At least one health unit is present in each of them. It allows for the provision of routine care. Most of the time, specialists (dentists, dermatologists, etc.) are consulted outside of the prison. Visits must be authorised by a general practitioner. The number of health care staff varies from one state to another. The ratio is one doctor per 127 prisoners at Heidering prison. The authorities in several states use telemedicine to cope with the shortage of staff.
Prisoners requiring hospitalisation are usually transferred to a prison hospital, such as Hohenasperg (Stuttgart), Lingen (Bremen and Lower Saxony), Willich (Düsseldorf) and Plötzensee (Berlin). They are transferred to a public hospital when the administration considers that they do not present any risk.
Access to health care
Health care is free
The prison administration does not usually pay for expensive treatments (electric wheelchairs, dentures) for prisoners serving short sentences.
A medical examination is performed upon admission
The timing of the examination and procedures vary according to the prison or state. Chest X-rays (diagnosis of tuberculosis) and blood tests are usually done to detect transmittable diseases (hepatitis A, B and C and HIV).
A medical file is opened upon admission
Sometimes the medical file opened upon prison admission consists of two parts. One is accessible to the prisoner, the other is reserved for medical staff.
Prisoners can access health care units after
- a written request
- an oral request
The process depends on the prison or the state.
Medical examinations are carried out on a confidential basis
in most cases
This confidentiality is not always guaranteed in case of signs of addictions or possible self-mutilation.
Continuity of care is ensured throughout imprisonment. It is not provided after release. There is no coordination between prisons and public health services.
Prisoners do not choose their doctor. Care is provided by the prison doctors. The quality of care highly depends on the prisons’ investments.
Physical health care
The most common diseases are of infectious origin (hepatitis A, B or C). Addictive disorders are usually associated with them.
Few prisoners with Hepatitis C and HIV have access to treatment. Delayed treatment is frequent.
Preventative measures for epidemic and contagious diseases are implemented.
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.
Mental health care
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.
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. ↩
National Agency for the Prevention of Torture (Nationale Stelle zur Verhütung von Folter), Annual Report 2021, p. 86. ↩
Article 63 of the Criminal Code (Strafgesetzbuch) ↩
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”.
The training provided to prison guards and medical staff on handling mental disorders varies from one facility to another.
Correctional facilities
Prison guards take psychology and criminology courses as part of their training, in addition to completing work placements. They can continue their professional development by receiving additional training in psychology provided by associations. In Berlin, “group leader” guards are trained in handling prisoners with mental disorders.1
Outpatient mental health care is provided by doctors, often general practitioners. The CPT observed that, in the prisons of Celle and Tonna, only one psychiatrist visited prisoners, and only once a week. It noted that, in all the facilities visited, including those with care units, nurses were only present during the day.2 The reliance on medication for managing mental disorders in the prisons of Hamburg has risen since the Covid-19 health crisis began and led to an increase in disorders. Certain orders of medication have doubled or even tripled.
Psychiatric units (APP) in prison hospitals
Psychiatric care units are staffed exclusively by healthcare workers. The nurses receive six months of prison guard training. The healthcare workers generally receive training focused on the care of incarcerated persons.
Forensic psychiatric hospitals
Each Land determines the composition of the teams working in its forensic psychiatric hospitals. In most facilities, the surveillance staff exclusively works outside of the buildings. The healthcare workers generally receive training focused on the care of incarcerated persons when they are hired. At the Brandenburg prison, healthcare workers take part in annual obligatory training courses on restraints and psychological crisis management.3
Camille Lancelevée, “Quand la prison prend soin : enquête sur les pratiques professionnelles de santé mentale en milieu carcéral en France et en Allemagne”, 2016, p. 219 (in French). ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the German Government on the visit to Germany carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 25 November 2015 to 7 December 2015, June 2017, p. 30. ↩
German Government, Response of the German Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to Germany from 25 November 2015 to 7 December 2015, June 2017, p. 77. ↩
The law states that prisoners suffering from addictions may be placed in detoxification centres.
Six states provide comprehensive treatments for addictions in some prisons1. All prisons are obliged to offer methadone substitution treatment. It is administered by prison staff under the supervision of medical staff and social workers.
Most patients receive a single detoxification course with substitution treatment. Only a minority of prisoners with addictions access treatment for more than six months.
Marlene Mortler, Federal Commissioner for Drug Control, laments the fact that prisoners do not always have access to methadone, an opiate substitution treatment. Half of the Bavarian prisons do not provide treatment for heroin addiction. The difficulty in accessing substitution treatment promotes the black market for drugs in prison and increases the risk of infections from used syringes.
In 2016, the European Court of Human Rights described the refusal to provide substitution treatment to a dependent prisoner, as “inhuman treatment”.
Lana Osment, “The Complexity of Rehabilitation in Open and Closed Prison Setting”, Lund University, 2018, p. 14. ↩