VISITS BY THE JOINT COMMISSION Response: Despite the structural difficulties relating to the building, the Joint Commission’s suggestion that at least one shower per shower room be fitted with a partition is being examined. The Joint Commission was informed that there were still no concrete plans to relocate the facility to a more suitable property. It would like to point out once more that it regards the current property as little suited to enforcing custody pending deportation. This is, not least, due to the fact that, contrary to the recommendations of the CPT, the carceral environment due to the facility’s previous use as a prison cannot be denied. The Joint Commission noted that the facility still does not conduct a routine physical examination upon admission. The Joint Commission deems it necessary for each detainee to be subject to a medical examination after being admitted. The doctor should have specific training in diagnosing trauma and other mental illnesses. The investigation of possible trauma and/or other mental illnesses should always be part of this medical examination. This corresponds to the resolution adopted at the 114th German Medical 24 Assembly. Attention should also be paid to involving a professional interpreter when there are problems communicating with the doctor. For reasons of confidentiality, using other detainees as interpreters is not appropriate. Response: As regards the medical examination, it was already noted in the last statement that in principle each detainee is presented to the detention facility’s medical service upon admission or following a failed deportation in order to establish his or her state of health and to draw on the services of a doctor where the need arises. Further, the Senate Department is of the opinion that a routine medical and psychological examination upon admission cannot be conducted out of respect for the dignity of the those concerned and on account of a lack of a legal basis therefor. encountered in the facility. On account of the very good staffing levels, detainees can spend periods outdoors several times per day, in summer until 9 pm. Detainees may themselves decide how much time they wish to spend outside. Visiting hours are also very generous, and visits are not restricted (4 to 5 hours is sometimes possible). Visitors can be received between 7 am and 7 pm every day of the year. Unlocking times in the detention facility are generous, and detention rooms are only locked during shift change-overs. Detainees awaiting deportation as well as the chaplains are free to move around their landings. Detainees can eat meals together in each of the landings. In view of the low occupancy rates, it is possible to have smoking and non-smoking landings, which is expressly welcomed in the interests of protecting non-smokers. The Joint Commission would like to praise the accompanying use of pictogrammes when providing detainees with information. These were created on the initiative of the staff in the facility. The homemade pictogrammes are used to illustrate organisational procedures when detainees arrive in the facility, for example. 1.4.2 – Recommendations of the Joint Commission and response of the Berlin Senate Department for the Interior and Sports The detention rooms are still inadequately and sparsely furnished and do not have a homely atmosphere. The beds still do not have a slatted frame but merely comprise a plank of wood and a mattress. Chairs were available neither in the common room used by the male nor in that used by the female detainees awaiting deportation. This fact had already been criticised in the report dated 17 June 2011. Response: The shortcomings which currently exist in the facility and which result from the nature of the building will not be remedied until custody pending deportation as a whole has been reorganised. Possible alternatives are still being investigated. The communal showers still do not have any partitions to protect detainees’ privacy. The Joint Commission notes that no changes have been made, despite the recommendation expressed in the report dated 17 June 2011 and the criticism raised by the CPT in 1997. In a statement issued on 10 August 2011 the Senate Department for the Interior and Sports stated that it was not possible to separate off the individual showers because space in the shower room was very limited. The Joint Commission would like to point out that despite the structural conditions at least one shower per shower room could be partitioned off to give detainees privacy if they wish it. 1.4.3 – Further suggestions by the Joint Commission for improving the conditions of detention and response of the Berlin Senate Department for the Interior and Sports One-to-one meetings with the detainees revealed that they do not feel that they were given sufficient information regarding the different meals available (vegetarian, no pork, no beef). Especially in view of ethnic and religious diversity it is important to inform detainees in a manner they can understand. The Joint Commission recommends improving the level of communication in this regard. 24 German Medical Association (2011), 114th German Medical Assembly, Resolution, p. 125 55