VISITS BY THE
JOINT COMMISSION
Deportation Detention Wing was particularly
stressful. This was, firstly, due to communication
difficulties, and, secondly, due to the fact that the
detainees find themselves in an especially tense
situation. So far the facility has held one training
course on custody pending detention. The Joint
Commission welcomes the fact that the head of the
institution assured the Joint Commission in the final
meeting that he would discuss the possibility of
further training courses with the Ministry of Justice.
The Joint Commission would like to be informed
about the outcome of these discussions.
Response: Training courses specifically for staff employed
in the Pre-Deportation Detention Wing have already been
held; staff at Mannheim Prison and staff at Schwäbisch
Gmünd Prison took part. Another one-day training course
on “Intercultural Skills in Custody Pending Deportation” is
planned for December 2013.
At the time of the visit, staff employed in the PreDeportation Detention Wing were not offered any
supervision. However, both staff in the general prison
service and those in the specialist services described
the work in this unit as particularly stressful, as many
detainees awaiting deportation did not understand
why they had been taken into custody. The detainees’
situation was very dispiriting and led to many all-toohuman problems. This can be seen from the relatively
large number of special incidents, such as 22 hunger
strikes between 26 October 2012 and 10 April 2013,
three instances in which a detainee was caught playing
with fire and one case of arson in the same period. The
prison chaplain reported that staff in the general
prison service working in the Pre-Deportation
Detention Wing often sought him out. The Joint
Commission welcomes the fact that, according to the
head of the institution, the issue of supervision was
being discussed throughout Baden-Württemberg and
that the situation in custody pending deportation in
particular was being discussed in that context.
Response: There is definitely a need for supervision for
staff working in custody pending deportation and over and
above that too. However, given the current efforts at budget
consolidation, it is rather unlikely that the required funding
will be made available anytime soon.
Only one social worker on a 0.4 contract and a
prison chaplain on a 0.3 contract are available to those
in custody pending deportation. According to the
head of the institution, an external social counselling
service has been dropped. Both the social worker and
the prison chaplain pointed out to the Joint
Commission that there was a great need for
counselling and support, in particular by a social
worker.
Response: The competent social worker has increased her
hours in the Pre-Deportation Detention Wing and is now
available to detainees awaiting deportation all day on
Tuesdays and for half a day on Wednesdays, Thursdays and
Fridays; this amounts to 50 per cent of her hours. It is not
possible to further increase staffing levels by drawing on
available prison staff.
Detainees awaiting deportation are given
information by the foreigners’ authority about the
reasons for their custody prior to deportation, its
duration and further information regarding the
procedure. This information is available in German,
Serbian, Russian, French, English, Arabic, Albanian
and Turkish. The Pre-Deportation Detention Wing’s
house rules are, by contrast, only available in German,
English, Arabic and French. Translations of the
languages most commonly spoken by detainees should
also be commissioned.
Response: There are plans to have the house rules
translated into other commonly spoken languages where a
real and sustainable need is established therefor.
There is no dimmable night light in the specially
secured room containing no dangerous objects.
Without a dimmable night light detainees only have a
choice between bright lighting or total darkness.
Whilst bright lighting prevents detainees from
sleeping, darkness makes it impossible for them to
find their way around the room, so that in an
emergency they cannot quickly find the call button,
and there is thus a risk of injury.
Response: The suggestions made by the National Agency
have already been taken up and a dimmable night light
fitted to the specially secured rooms. The remaining facilities
in Baden-Württemberg will also follow the National
Agency’s suggestion.
The documents forwarded by Mannheim Prison
indicate that in 2012 one detainee awaiting
deportation was ordered to “participate in yard
exercise with non-working sentenced prisoners”. In
order to be able to fulfil the principle that prisoners
and detainees awaiting deportation be held separately
(Trennungsgebot) no such instructions should be issued.
Response: Mannheim Prison pays very precise attention
to ensuring that detainees awaiting deportation are kept
separate from prisoners. However, especially in the more
recent past detainees awaiting deportation have again and
again behaved aggressively and posed a danger to others.
The only option available to the prison in the extreme case is
to order special precautionary measures. In such cases it is
essential that the detainees affected can be placed in the
segregation area in the main building as part of a
precautionary measure, in which case the principle that
prisoners and detainees awaiting deportation must be kept
separate is also observed.
The Joint Commission would like to point out that
it also in principle recommends the creation of
separate detention facilities for the enforcement of
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