No freedom after imprisonment: 63 people in preventive detention

Justice - No freedom after imprisonment: 63 people in preventive detention

Anyone convicted of crimes such as rape, sexual abuse, murder and manslaughter must expect to be placed in preventive detention in addition to a prison sentence. According to the Ministry of Justice, 63 people between the ages of 32 and 78 are currently in preventive detention in Baden-Württemberg (as of December 5, 2023). Of these, 54 are in Freiburg alone, with others in Heilbronn, Schwäbisch Gmünd and Bruchsal. Three people in preventive detention were released in Freiburg this year.

"People in preventive detention have served their sentence in prison but remain locked up - usually forever. Because a court still sees a danger to society," says Ralf Kusterer, regional head of the German Police Union (DPolG). In Germany, there are currently just over 600 people in preventive detention. "The majority of those detained are sex offenders," says Kusterer.

Preventive det ention is considered a preventive measure

Preventive detention must be separate from the prison system. For this reason, separate departments have been set up for male prisoners in preventive detention at Freiburg Prison and for female prisoners in preventive detention at Schwäbisch Gmünd Prison.

"In view of the recidivism of sex offenders, for example - especially with regard to terrible crimes against children - the DPolG spoke out early on in favor of being able to order preventive detention retrospectively, i.e. while serving their sentence," says Kusterer. This happens if it becomes apparent during the execution of the prison sentence that the offender is dangerous to the general public.

The system for preventive detention was adapted in 2013

The European Court of Human Rights had previously condemned Germany several times for this - among other things, because the living conditions of prisoners used to differ only insignificantly from those in the regular prison system. Most recently, however, the Strasbourg court has repeatedly been satisfied with the reorganization.

The new regulation came into force on June 1, 2013. The catalog of offences that can be followed by preventive detention was reduced; rules for the execution of preventive detention were also established. As preventive detention is not a punishment, the conditions must be significantly better than in prison and there must be a greater range of therapy on offer.

Preventive detention in Freiburg is separate from the penal system

In Freiburg, a 700 square meter, partly paved and partly green outdoor area with a pergola and wooden terrace directly adjoins the building of the preventive detention unit. It is separated from the rest of the prison grounds by a high wall and protected from view from outside and from the main building.

There are leisure and work activities for those in preventive detention. Each person has their own room. The floor space of a room in Baden-Württemberg is set by law at a minimum of 14 square meters with structurally separated wet cells with a toilet and washbasin and a window measuring 1.20 meters by 1.40 meters. "The prison provides a bed, table, chair, wardrobe and hanging shelf, although the inmates have the right to furnish the room with their own furniture," says a spokesperson for the Ministry of Justice.

The state is working on creating additional places in Freiburg, but this is being delayed according to the Ministry of Justice. For this reason, a floor in the social therapy department of the Offenburg prison is to be converted to accommodate ten people in preventive detention. "We are aiming to open the facility in the first half of 2024," said the ministry spokesperson.

Individual psychotherapy is at the heart of the treatment

There is also therapy in the residential group. "Based on this, an individual treatment plan will be drawn up for each inmate from a range of other psychotherapeutic, socio-educational, creative and physical therapy as well as occupational and environmental therapy measures, which will be reviewed and updated every six months," the Ministry of Justice said. In order to achieve the goals, the inmate must cooperate.

"Preventive detention is the most drastic sanction in German criminal law - to protect the general public from a small but particularly dangerous group of convicts," said Justice Minister Marion Gentges (CDU). Dealing with those in preventive detention, who have already spent many years in prison, is an important task in the prison system.