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Communication and information
Where possible, detainees awaiting deportation
should be given the opportunity to receive
unrestricted visits from relatives and nongovernmental organisations. In order to maintain or
establish contact with their families and their home
country and to facilitate their return, they should also
be permitted to use mobile phones and should be
given access to the internet.
people may also be handed over at land borders (722 in
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2012) and at ports (10 in 2012). Forced returns by air
are regulated in a confidential document entitled
“Provisions Concerning the Forced Return of Foreign
Nationals by Air” drawn up by the Federal Ministry of
the Interior.
The Federal Police do not, however, accompany all
forced returns by air. Rather, the majority of returnees
(4,865 in 2012) leave unaccompanied. That means that
the Federal Police accompany them to the aeroplane
but they then take the scheduled flight
unaccompanied. Only around one sixth of all forced
returns in 2012 was accompanied, the majority of
them constituting collective returns. Collective
returns are either organised with the support of the
EU or by Germany alone. Germany is sometimes
involved in forced returns organised by other EU
states. A doctor and a professional interpreter are
always involved in accompanied forced returns.
The Federal Police are generally responsible for
delivering returnees to the Land authorities at the
airport of departure. Several boarding areas are
available at large airports for processing collective
returns. This is where the hand-over formalities take
place, in the context of which the Land authorities
must also inform the Federal Police of any known
mental or physical illnesses or other circumstances
which might possibly affect the person in question’s
ability to fly. Returnees then check in their luggage,
complete the normal boarding procedure and wait to
board the plane. They are guarded by the Federal
Police throughout this entire time up until they board
the plane. They are given food and drink and then a
food package for the flight. Returnees are handed over
to the target country’s authorities at the target
airport.
Forced returns at Frankfurt, Düsseldorf and
Hamburg airports are regularly monitored by church
organisations, although they have no right to inspect
the files and may also only monitor the measure on the
ground. Forums have been established in which the
authorities and deportation monitors regularly share
experience regarding deportation, critical cases and
possible improvements. The Federal Agency is in
regular contact with these organisations so as to be
able to reach agreement on monitoring standards.
When carrying out monitoring activities at the
aforementioned airports the Federal Agency always
tries to organise a meeting with the monitors. In
addition, in 2012 and 2013 it took part in meetings
held by these organisations; there are plans to
continue this regular exchange of experience. In
Purposeful and recreational activities
Those in custody pending deportation should be
given the opportunity to use their time sensibly on a
daily basis. They should be offered the possibility of
doing sports, a variety of group activities and, where
possible, of engaging in ancillary employment. They
should be able to prepare their own meals, and a
common room and a prayer room or chapel should be
available for their use. Further, detainees awaiting
deportation should have access to daily news and
reading material.
Clothing
Detainees awaiting deportation should be permitted
to wear their own clothes and given access to facilities
for washing those clothes where security reasons do
not pose an obstacle in the individual case.
Deportation after serving a prison sentence
Some detainees awaiting deportation who are
serving a prison sentence are not deported at the end
of the prison sentence, but are taken into custody
pending deportation until their deportation. The
competent authorities should ensure that in such
cases deportations are carried out at the end of the
prison sentence in order to avoid further unnecessary
deprivations of liberty in custody pending
deportation.
1.6 – MONITORING RETURN FLIGHTS
In 2013 the Federal Agency for the first time
accompanied two collective returns. It first
monitored a measure from Düsseldorf Airport to
Macedonia and Serbia organised by Frontex and later
a national measure from Dresden Airport to Poland.
Forced returns are carried out against people who
are required to leave Germany. These may be people
whose residence permit has expired and who have not
voluntarily left the country within the time-limit set,
people who are refused entry or are deported at the
border, failed asylum-seekers and refugees, as well as
criminals who are deported immediately after serving
their prison sentence.
The Federal Police are responsible for the majority
of forced returns by air (6,919 in 2012). However,
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The following statistics all refer to the year 2012 and were quoted
in Bundestag Printed Paper 17/12442.
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