VISITS BY THE
JOINT COMMISSION
This is little suited to accommodating detainees
awaiting deportation. The accommodation is spread
across three floors which are linked by means of
staircases. The detention rooms themselves are bare
and at most functionally furnished. Sanitary facilities
are integrated into each detention room, but have no
separate ventilation and are separated off only by
means of a moveable partition.
The floor area of a room measured during the visit
was 7.67 m2. However, documents indicate that
considerably smaller rooms with a floor area
measuring only 5.96 m2 are also used. Deducting the
sanitary area from the usable space, detainees have
hardly any room to move around in. According to the
head of the institution, most of the double-occupancy
rooms are only used to accommodate one person. The
deficits in terms of the size of the detention rooms is
not compensated by the fact that the facility grants
detainees relatively long unlocking times, namely
between 7.30 am and 8.30 pm (rooms are only locked
for a short time when meals are distributed at lunchtime and in the evenings). The facility has only a few
other rooms which detainees can use (e.g. common
rooms). During the visit the detainees also spent most
of the time standing in the corridors or on the stairs.
This leads to levels of noise which are stressful both
for detainees and staff. The head of the institution is
also aware of the problem and has already arranged for
sound-protection measures to be taken.
The Joint Commission regards the conditions as
little suited to enforcing custody pending deportation.
Thus, when allocating detainees to the detention
rooms, attention should be paid to allocating them to
those rooms which have the largest floor space.
Response: First, the detention rooms are allocated
according to how people of different nationalities but the
same cultural and religious background can be grouped
together in the wing. Account is also taken of the size of the
detention room and detainees’ wishes.
Rendsburg Pre-Deportation Detention Facility has
several so-called observation rooms as well as a
specially secured room. One of the observation rooms
and the specially secured room, including the toilet
area, are visible through a peephole.
According to Article 16 of the UN Convention
against Torture, States Party must prevent acts of
cruel, inhuman or degrading treatment or punishment
which do not amount to torture as defined in Article 1.
Not observing the privacy of persons detained in
custody can constitute inhuman or degrading
treatment. It can also be derived from Article 1 para. 1
of the Basic Law that the privacy of a person
performing bodily needs must be guaranteed.
On the occasion of its visits the CPT has repeatedly
emphasised that privacy must be guaranteed when a
person is using the toilet or washing themselves. This
also applies to so-called high-security cells, which are
comparable to observation rooms or specially secured
36
rooms, for instance. Sanitary facilities must at least
37
be partially screened off. The National Agency
shares this view. A decision on whether deviations are
possible where there is a great risk of self-harm or
suicide can only be taken after carefully examining
each individual case. Such decisions must be
documented.
The grounds for the placement must be
documented on the form (Annex 9) used to order
special security measures. A distinction is also drawn
between the different types of detention rooms.
Happily, according to the submitted documents, the
facility only very rarely places detainees in the
specially secured room or in one of the observation
rooms. Placement in the specially secured room was
only ordered twice in 2013 following special incidents.
Placement in observation rooms (both with screenedoff and not screened-off sanitary facilities) was
ordered on 11 occasions in 2013.
Response: Three out of the four available observation
rooms are fitted with the sanitary facilities which are
customary in a facility enforcing custody pending
deportation, including a screened-off sanitary area. In
contrast to general standards, the other observation room
has a solidly built bed with a mattress and a sanitary area
with a toilet and stainless steel washing stand which are not
screened off. This room is used to accommodate those who
have already harmed themselves or have announced that
they intend to harm themselves. These orders are
documented on a special form, citing grounds.
The detainees have limited opportunities for
engaging in activities outside of their detention
rooms. They can use a recently installed prayer room,
a sports room, a table tennis table and a table football.
They are not offered any means of employment. They
cannot prepare their own meals.
The facility has a sports yard on which various sports
are also offered under instruction. However, the
provincial advisory council’s annual report 2012 shows
that these courses are often cancelled due to a
shortage of staff. Courses offered by volunteers who
regularly visit the facility, as well as a conversation and
a painting class which are offered once a week break
up the daily routine.
Nevertheless, the range of recreational and
purposeful activities should be extended, particularly
in view of the inadequate size of the detention rooms.
Creating the means for detainees to take meals
together in a common room might help to improve
36
37
69
Cf. e.g. CPT/Inf (2010) 16, margin no. 17
Cf. CPT/Inf (2009) 5, margin no. 109
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