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The detention and common rooms have been
successively renovated and provided with new
furnishings. They are light and friendly and the
common rooms in particular are very homely. Each
detention room has a completely separate wet room.
The showers in the communal shower room are
divided by partitions and are accessible to detainees all
day.
Several facilities enforcing custody pending
deportation grant detainees generous unlocking
times. Examples include Ingelheim (from 7 am to
10 pm) and Eisenhüttenstadt (from 7 am to 9 pm). In
Berlin-Köpenick detainees awaiting deportation are
only locked in during shift change-overs. Detainees
awaiting deportation in Ingelheim are also permitted
to use the recreation yard all day. In the facility in
Berlin-Köpenick, detainees awaiting deportation are
allowed to spend periods outdoors several times each
day.
A very diverse and wide-ranging programme of
recreational and purposeful activities is available in
the wing accommodating detainees awaiting
deportation in Büren Prison, for example. Detainees
awaiting deportation can take part in at least one
organised recreational activity each day. Sports, music
and art groups, as well as cookery courses are on offer.
Detainees can also take German courses. Prayer
rooms, a library and cooking facilities are also
available.
Particular mention should be made of the means of
communication and information available in the
facilities enforcing custody pending deportation in
Rendsburg and Ingelheim. Internet access is available,
and detainees can use the internet to make free
telephone calls; detainees awaiting deportation may
also use their mobile phones. In Ingelheim they may
receive visitors between 9 am and 12 noon and
between 1 pm and 8 pm. The facilities enforcing
custody pending deportation in Eisenhüttenstadt,
Berlin-Köpenick and Büren also have very long
visiting times.
The wing accommodating detainees awaiting
deportation in Büren Prison applies a targeted
selection procedure when it comes to its staff. Social
care is provided by five employees of the company
European Homecare. They are generally available in
the facility on weekdays, where necessary also at
weekends. They have various cultural backgrounds
and therefore cover a wide spectrum of foreign
languages. They have gained the trust of detainees
awaiting deportation and contribute significantly to
the good atmosphere in the facility. Ingelheim
Detention Centre for Persons Required to Leave the
Country is highly committed to finding targeted
training measures for its staff through a planned
cooperation with the Treatment Centre for the
Victims of Torture. These courses are to train medical
staff in recognising trauma.
The Joint Commission regards the free legal advice
provided in the facility in Büren Prison. which is
organised by the local lawyers' association and is
funded by the Land government. as exemplary when it
comes to the provision of support and legal advice.
The facility enforcing custody pending deportation in
Eisenhüttenstadt offers the possibility of one-off free
legal advice which is funded by the Government of
Brandenburg. In the facility in Berlin-Köpenick the
Republican Lawyers’ Association offers free legal
advice once a week. At Ingelheim Detention Centre
for Persons Required to Leave the Country detainees
awaiting deportation are supported in asserting their
rights by a member of the Diakonisches Werk HesseNassau employed by the facility. Further, nongovernmental organisations such as the Jesuit Refugee
Service and Amnesty International provide advice and
support in Eisenhüttenstadt, Ingelheim and in the
wing in Mannheim Prison accommodating detainees
awaiting deportation.
Emphasis should also be given to the activities of the
Land advisory council in Rendsburg Pre-Deportation
Detention Facility. The advisory council visits the
facility once a week, advises the Land department of
justice and makes suggestions for improvements, and
is thus involved in improving the conditions of
detention and support provided to detainees awaiting
deportation.
1.5 – RECOMMENDATIONS OF THE JOINT
COMMISSION CONCERNING THE
ENFORCEMENT OF CUSTODY PENDING
DEPORTATION
The Joint Commission would like its activities to
contribute to the establishment and dissemination of
common standards. As stated in the above, it
advocates enforcing custody pending deportation in
specialised facilities. Custody pending deportation
should only be ordered as a means of last resort when
deportation cannot be guaranteed by any other means.
Analogous to the enforcement of custody for noncriminal reasons (Zivilhaft), detainees awaiting
deportation should only have those restrictions
imposed on them over and above the deprivation of
liberty as are necessary to avert a threat to security or
order in the facility.
Especially taking account of the standards set by the
11
CPT and the 20 directives on forced returns of the
11
23
Cf. CPT/Inf/E (2002) 1 - Rev. 2010
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