Germany
Capital city — Berlin
Country population
i01/01/2023/ Council of Europe, SPACE I Report 2023, table 3.Incarceration rate (per 100,000 inhabit…
i31/01/2023/ Council of Europe, SPACE I Report 2023, table 3.Type 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
i31/01/2023/ Council of Europe, SPACE I Report 2023, table 3.Average length of imprisonment (in mont…
i2021/ Council of Europe, SPACE I Report 2022, table 31.Prison density
i31/03/2023/ Council of Europe, SPACE I Report 2023, table 16.Total number of prison facilities
179including 13 open…
i2018An NPM has been established
yesThe MNP initially…
Female prisoners
i31/01/2023/ Council of Europe, SPACE I Report 2023, table 7a.Incarcerated minors
i31/01/2023/ Council of Europe, SPACE I Report 2023, table 6.Percentage of untried prisoners
i31/01/2023/ Council of Europe, SPACE I Report 2023, table 8.Death penalty is abolished
yes, in 1949 in the FRG and in 1987 in…The death penalty…
Contact with the outside world
Visitation rights
All prisoners have the right to receive visits
Prisoners are generally entitled to two hours of monthly visits. This time may be spread over several visits. The maximum number is four 30-minute visits per month.
Prisoners must submit a request to the prison authorities for each visit. It is possible to schedule two visits in advance.
Defendants obtain their visitation permits from the prosecutor or judge.
Convicted prisoners obtain their permits from the prison management.
The visitor must present a valid identity card or passport. Asylum-seekers must present a valid residence permit.
Visit permits are granted
within a week
People eligible to visit
anyone
For security reasons, conversations can be monitored. The presence of a sworn interpreter is required if the prisoner and visitor do not speak German. The visit takes place under supervision. The number of visits with an interpreter is limited to two per month. A maximum of two people are allowed to visit a prisoner together.
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The Land of North Rhine-Westphalia has stated its desire to support incarcerated individuals and their families through a prison system that is sensitive to the needs of families. Various measures have been adopted to facilitate maintaining family ties, including longer visiting hours with consideration for school hours and visiting rooms designed for children and their needs. The family visiting room at Willich Prison has been redesigned to be child-friendly and has a forest theme. Souvenir photos are allowed.
Prisoners and visitors can meet without physical barriers
A screen can separate prisoners and visitors as an exception.
Prisoners are allowed to receive visits from their children or minor relatives
yes, and special arrangements are provided
Communal spaces are organised for visits from members of the same family. Rooms for more privacy can also be reserved.
Prisons in North Rhine-Westphalia set up activities for prisoners to keep in touch with their children. A list of these activities provided by the Ministry of Justice to a Green parliamentary group included father-child days, trainings, story recordings on CD, egg hunts etc.. After the beginning of the COVID-19 pandemic, these activities had become rarer and the maintenance of links more difficult.
Conjugal visits are allowed
Required conditions for conjugal visits
lasting emotional relationship
Visitors are not allowed to bring objects nor food. They can buy snacks, non-alcoholic drinks and cigarettes in vending machines in the waiting area of the visitation room.
Existing legislation and policies provide for the placement of prisoners near their relatives. They may, upon request, be transferred to a prison to maintain family ties.
Correspondence
Prisoners are allowed to exchange mail
yes
Mail exchanged is subject to control
Mail can be only be opened to check that it does not contain any prohibited objects.
Prisoners are allowed to exchange mail in sealed envelopes
yes
Letters in sealed envelopes are sent in envelopes marked ‘Personal and Confidential’. Prison staff are not allowed to open them. They may be X-rayed to ensure that no prohibited items are concealed.
Staff render these envelopes unusable after use.
Letters to lawyers or the Advisory Board (Anstaltsbeirat) are confidential.
Prisoners are allowed to receive parcels
yes, under certain conditions
All parcels must be authorised by the prison director. A parcel must not contain food, personal care products or items prohibited by the regulations. The Federal Prison Act allows parcels to be received three times a year. This provision is not retained in the prison laws of all states. It is not possible to receive parcels in Berlin.
E-mail exchange is possible
no
A project aiming to give access to emails is being worked on in Berlin.
Phone calls
Prisoners are allowed to make external phone calls
In Bavarian correctional facilities, telephone calls are authorised by request, twice a month for 20 minutes.
Prisoners are allowed to call
anyone
The phones are located
- in the cells
- in the corridors
The cost of phone calls is in line with market prices
According to a decision of the Federal Constitutional Court in 2017, call costs from a prison should be as close as possible to those made outside of prison.
Many prisons delay cutting call costs. In December 2018, the GG-BO started a national campaign to demand Telio to provide cheaper phone access in prison.
Phones calls are wire tapped
Phone calls can be wire tapped. The prison administration must consider this measure to maintain public security.
The use of cell phones is authorised
Some prisons consider using phone jammers to prevent cell phone usage.
Prisoners have access to video calls with external contacts
in some prisons