VISITS BY THE JOINT COMMISSION 1.6 – THE PRE-DEPORTATION DETENTION WING IN BÜREN PRISON Detention Facility in Brandenburg, which is funded by the respective Land and is free to the detainees awaiting deportation, as exemplary. In the deportation detention facility in Berlin-Köpenick the Republican Lawyers’ Association provides free legal advice once a week. Neither internal nor external services are available in Bützow Prison. There is a social worker who could provide support when legal questions arise and who could, for example, establish contact with a legal advisor. According to the head of the institution, it was not possible to find any external agencies to provide this service. As already explained, the Joint Commission urgently recommends hiring a social worker to support detainees awaiting deportation in asserting their rights. Response: The social worker will offer regular advisory services and meetings to support detainees awaiting deportation when it comes to asserting their rights. In order to make further improvements the prison is attempting to get a volunteer from an approved support and counselling organisation who is familiar with the problems associated with deportation to assist in finding legal advisors and external advisory services. The prison itself has so far been unable to provide detainees awaiting deportation with legal advice, although help is provided in dealing with matters involving the authorities. According to the head of the institution, for cost reasons an interpreter can only be involved to aid communication with detainees awaiting deportation in urgent cases, for instance during medical examinations. Several members of staff confirmed in meetings with the Joint Commission that communication was often very difficult or only possible using sign language. The Joint Commission recommends involving a professional interpreter during the admission meeting and during initial medical examinations whenever language problems arise. This can also be done by telephone, where necessary, as is common practice in other Länder. Using another detainee to interpret is not a suitable solution as this is detrimental to the confidential nature of the meeting. Response: In future, in order to maintain the confidentiality of these meetings, other detainees awaiting deportation will not be involved. Leaflets translated into various languages and translation aids available on the internet are used during the admission meeting. Where it is not possible to communicate with a particular detainee, a professional interpreter will in future be involved during the admission meeting and on other important occasions (e.g. medical examinations). As recommended by the Joint Commission, this will also be done by telephone where necessary. The Joint Commission visited the Pre-Deportation Detention Wing in Büren Prison on 18 September 2013. It visited various parts of the facility, including the specially secured room, the enhanced supervision room, the various wings accommodating male and female detainees awaiting deportation together with their tea kitchens and common rooms, the family room, the sanitary facilities, the visiting and admission area, the medical section, the outdoor sports facilities, as well as the sports and recreational section. In addition, the Joint Commission spoke to several detainees awaiting deportation, the prison doctor, the Catholic priest, a representative of the staff council and a member of staff of European Homecare. The prison can hold a total of 513 people, including 151 sentenced prisoners. Along with detainees awaiting deportation the prison holds sentenced prisoners serving prison sentences of no more than three months and substitute penal sentences. The Pre-Deportation Detention Wing can accommodate 320 male and 42 female detainees awaiting deportation. At the time of the visit the unit had 72 male and seven female detainees awaiting deportation plus 168 sentenced prisoners. The male detainees awaiting deportation (Block 2) are kept separate from the prisoners (Block 1). Block 2, which accommodates the male detainees awaiting deportation, is divided into three wings, one admissions wing (closed wing) and two open wings. The admission wing carries out a “suitability check” to establish whether there is an increased risk of flight and to what extent the detainee awaiting deportation is socially competent. Detainees generally spend three to four days in this wing. Block 3 is used to accommodate female detainees awaiting deportation separately from the male detainees. At the time the Annual Report went to press, the Ministry of Justice of North Rhine-Westphalia had not yet submitted its statement. This will be included in the Annual Report 2014. 1.6.1 – Positive findings During its visit the Joint Commission noted the positive atmosphere in the facility. This impression was confirmed by the staff and detainees awaiting deportation. Those interviewed spoke positively about the facility, people’s dealings with each other and the atmosphere. Cooperation with staff of the private security firm Kötter had also proved successful, they said. 59