VISITS BY THE
JOINT COMMISSION
a table tennis table and a fitness bike are currently
available. Further, especially where facilities hold
detainees awaiting deportation with different cultural
backgrounds and thus very different eating habits,
detainees should be given the opportunity to prepare
their own meals in a kitchen. The Joint Commission
welcomes the fact that detainees awaiting deportation
may use their own computers.
Response: Employment (cleaning work, work in the
yard, painting and decorating etc.) is offered to detainees in
accordance with section 5 of the Asylum Seekers Benefits
Act. However, so far only few detainees awaiting
deportation have availed themselves of this opportunity.
Yard exercise time currently amounts to one hour per day in
each of the four wings. The rule on yard exercise times is
currently being revised. Recreation times will be increased to
at least 1 1/2 hours per day from 1 November 2013.
Detainees can now use the following sports equipment: a
treadmill, a rowing machine, two ergo meters and a crossstepper.
By contrast it is proving more difficult to implement the
suggestion made regarding enabling detainees to prepare
their own meals, since this would necessitate larger-scale
building alterations and purchases being made. Brandenburg
is already taking part in cross-Länder meetings to discuss
alternatives to custody pending deportation and how the
Länder could cooperate in this area. Before it can be
guaranteed that the facility will continue to enforce custody
pending deportation in the medium- to long-term, larger
investments will only be justified if they can also be put to
use afterwards – for example in asylum centres. This matter
is being examined and will be taken into account in the
context of further planning.
The double barbed wire fence surrounding the
grounds and the barring of windows in particular give
the facility a distinctive prison feel.
Since placement in custody pending deportation
does not constitute a penalty but serves to enforce
deportation, the facility should not feel like a prison.
The necessary structural security measures should be
unobtrusive and the facility should be as homely and
open as possible. The CPT standards set out the
following: “Further, care should be taken in the design
and layout of the premises to avoid as far as possible
22
any impression of a carceral environment.” The same
applies to the recreation yard, which in the
Eisenhüttenstadt Pre-Deportation Detention Facility
comprises a narrow, bare patch of grass surrounded by
barbed wire. This should urgently be remedied.
Ingelheim Detention Centre for Persons Required to
Leave the Country can again serve as an example here:
Most of the visible security measures have been
removed. There are also plans to remove the bars on
the windows of the detention rooms and to replace
them with escape-proof glass.
The Joint Commission recommends examining
whether the security measures can be removed.
Response: The Joint Commission criticised the carceral
environment, i.e. the double barred wire fence. This was not
originally installed in the facility, but as a consequence of a
detainee escaping in 2000. Dismantling the fence without
retaining the current level of security against detainees
escaping can, therefore, not be considered, nor can the
building of a wall to replace the wire fence. Besides, the
facility does not meet the security standards of a prison by a
long shot. Further, this would necessitate considerable
investments about which no decision can currently be taken
in view of the low occupancy rates, the fact that the number
of detainees will likely drop even further, the discussion
about cross-Länder cooperation in this area and the decision
which Berlin is yet to take regarding short- or long-term
detention of its detainees awaiting deportation in
Brandenburg.
If the planned increased cooperation with other Länder in
the field of custody pending deportation leads to capacities in
the facility being put to better use, this will presumably
necessitate the outdoor facilities being expanded. In that
connection reorganising the outdoor area could then also be
considered.
At the time of the visit only one woman was being
held in the facility. This has often been the case on
account of the low occupancy rates, and despite the
cooperation
with
Schleswig-Holstein
and
Mecklenburg-Western Pomerania, who also place
their female detainees awaiting deportation in
Eisenhüttenstadt. The female detainee is, thus,
inevitably on her own in the wing and has no contact
with other detainees awaiting deportation. This is
comparable to solitary confinement. The Joint
Commission
recommends
reconsidering
the
conditions of detention for women in the facility. In
view of the risk of isolation which is usually associated
with the detention of women, this aspect should be
given especial weight when taking the decision to
detain anyone.
Response: The fact that female detainees are
sometimes and of necessity held alone in a wing on
account of the low occupancy rates is a problem which
other Länder are also faced with. For that reason
some Länder do not accommodate any female
detainees at all, and these are taken to facilities
enforcing custody pending deportation in other
Länder in such isolated individual cases. For
example,
Eisenhüttenstadt
Pre-Deportation
Detention Facility takes in female detainees awaiting
deportation from Schleswig-Holstein and MecklenburgWestern Pomerania. Nevertheless, such “centralised”
detention cannot rule out that, in individual cases, detention
22
CPT/Inf/E (2002) 1 – Rev. 2010, margin no. 29
51
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