VISITS BY THE
JOINT COMMISSION
via a CCTV camera installed in the room. Human
dignity demands that where video surveillance of a
detention cell, including the toilet, is carried out, the
detainee’s genital area must be obscured on the
screen. Unrestricted monitoring of the detention cell
can at most be considered on the basis of a carefully
weighed up, well-founded and documented decision in
an individual case where there is an acute risk of
suicide or self-harm.
However, mention should also be made in this
context of the possibility of pixellation, which helps
protect privacy and at the same time shows the person
concerned’s actions in outline. The Joint Commission
witnessed this in Frankfurt I Prison, for instance.
Reference must also be made to the fact that Lower
Saxony has already introduced pixellation of CCTV
monitoring as standard procedure, including in
specially secured rooms.
The head of the institution reported that detainees
awaiting deportation are not returned to Büren Prison
after a failed deportation procedure. By order of the
Ministry of Justice of North Rhine-Westphalia of 12
November 2012, after a failed deportation procedure
the persons concerned must be taken to another
28
prison in North Rhine-Westphalia. The order
contains a breakdown for the entire year, according to
which a different prison is obliged to take in detainees
awaiting deportation every six weeks. Apart from
Büren Prison, no other prisons in North RhineWestphalia are equipped to accommodate detainees
awaiting deportation. Holding detainees awaiting
deportation separately from prisoners would,
nevertheless, also have to be guaranteed in the other
prisons. If the principle of the separation of prisoners
and detainees awaiting deportation cannot be
observed, the Joint Commission recommends
rethinking this method of procedure.
facility responsible for enforcing custody pending
deportation against all men and women. Custody
pending deportation is enforced by way of
administrative assistance for the Ministry of the
Interior. The Langenhagen Unit is also responsible for
enforcing short terms of imprisonment and substitute
prison sentences. The facility can hold a total of 22
male detainees and six female detainees awaiting
deportation. At the time of the visit the facility had
only seven male detainees in custody pending
deportation.
1.7.1 – Recommendations of the Joint
Commission
During its visit the delegation met most of the
detainees awaiting deportation in their detention
rooms. The majority of the detainees gave the
impression of being quite apathetic. Staff confirmed
that they often neither used their free hour nor
engaged in any sports or recreational activities. There
are also no employment opportunities, a fact the
detainees criticised when talking to the Joint
Commission.
The Joint Commission regrets that the detainees
make limited use of the opportunities on offer. One
possible reason could be the fact that due to the low
occupancy rates the detainees hardly communicate
with each other. Average occupancy rates have
dropped from 27.48 in 2010 to 8.6 so far in 2013.
Communication with other detainees and staff is
difficult due to language barriers.
In specialised facilities with higher occupancy rates
the detainees awaiting deportation could be offered
more purposeful activities. In addition, it would be
easier for detainees to get into contact with other
detainees and to share their experiences and engage in
recreational activities together. In the long term, the
Ministry of Justice of Lower Saxony should, therefore,
possibly together with other Länder, sound out how
the conditions of detention could be made more
suitable.
The National Agency suggests improving the
detainees’ situation in custody pending deportation by
taking suitable measures, for example bringing in a
social worker or stepping up cooperation with
volunteers or associations.
Female detainees are kept in a separate wing in the
prison. According to the head of the institution,
sometimes only one woman is held there. At the time
of the visit there were no women in custody pending
deportation. The documents shown to the Joint
Commission indicate that the number of women
being detained in custody pending deportation has
steadily dropped. So far in 2013 only four women have
been in custody pending deportation. This can prove
1.7 – CUSTODY PENDING DEPORTATION
IN HANOVER PRISON, LANGENHAGEN
UNIT
The Joint Commission inspected custody pending
detention being enforced in Hanover Prison,
Langenhagen Unit on 19 September 2013.
It inspected the wings housing male and female
detainees awaiting deportation, the sanitary facilities,
as well as two specially secured rooms. The Joint
Commission also spoke with several detainees
awaiting deportation and with the doctor who works
there on a freelance basis.
According to Lower Saxony’s enforcement plan,
Hanover Prison, Langenhagen Unit is the central
28
File no. 4431–IV.28
61
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents