Inhaftierter

Inhaftierter is a term used to refer to a person who is deprived of liberty and held in custody by the state. This can include individuals in police custody, in pre-trial detention, or in a prison. The designation covers both suspects awaiting a court decision and persons who have already been convicted and are serving a sentence. The term emphasizes the state’s temporary restraint of freedom rather than a final legal status.

Legal framework and forms: In German-speaking countries detention is ordered by a court and must have a legal basis. In Germany, for example, investigation or pre-trial detention (Untersuchungshaft) may be imposed to secure the proceedings, prevent flight, or protect the investigation. After conviction, a person may be held in a prison (Justizvollzugsanstalt) for the duration of the sentence. Detention is subject to judicial oversight and regular review, and it must be proportionate and necessary to achieve legitimate aims.

Rights and treatment: Inhaftierte have fundamental rights, including humane treatment, access to legal counsel, the right to be informed of reasons for detention, the right to communicate with relatives, and access to medical care and appropriate rehabilitation or education programs. Decisions affecting detention can be challenged, and periodic reviews or appeals are available to ensure fairness and proportionality.

Living conditions: Detained persons reside in state-run facilities under security and order rules, with routines that may include work, education, visitation, and access to meals, healthcare, and support services, all within the safeguards of applicable law.

Variation: The concept exists in Germany, Austria, and Switzerland, with country-specific regulations, but the core idea remains: an Inhaftierter is someone deprived of liberty by state authority for the duration of a legal process or sentence.