PRE-DEPORTATION DETENTION FACILITIES
custody pending deportation, since this also stops the
principle that detainees awaiting deportation be held
23
separately from prisoners being softened.
According to staff at Mannheim Prison, the home
affairs authorities do not always make it sufficiently
clear to them when detainees awaiting deportation
have been separated from their families. Separation
from or a lack of information concerning the
whereabouts of family members increases the
psychological
strain
on
detainees
awaiting
deportation. For example, the Joint Commission
learned about one detainee awaiting deportation who
was not told the whereabouts of his pregnant wife.
Once it became clear that she was in the Central
Reception Centre in Karlsruhe, the Reception Centre
denied him telephone contact with her. It should be
investigated how the flow of information between the
authorities can be improved.
Response: The member of staff in the Regional
Commissioner’s Office who is responsible for custody
pending deportation has had his hours increased by one day,
which means he is now present in the facility three days a
week. A sufficient flow of information between the prison
and the foreigners’ authority is thus guaranteed. The case
referred to is likely an exception.
Especially in regard to the free hour, lock-up times
and the possibility of making telephone calls, the Joint
Commission suggests examining whether it is possible
to delimit the rules applicable to detainees awaiting
deportation more significantly from those applicable
to prisoners.
Response: In well-founded individual cases exceptions
are made as regards using the telephone, so that detainees
may phone their relatives up until 9.30 pm at the latest and
outside of yard exercise times at the weekend. Visiting times
have been relaxed completely. All visitors are admitted
without time restrictions. Along with the 1 1/2 hours of
daily yard exercise, detainees have recently been given the
opportunity to do sports in the courtyard three times a week
in the mornings (or in the sports hall or fitness room when
the weather is bad). Unlocking times have also been
extended, and detention rooms are now unlocked every day
at 1 pm.
The Pre-Deportation Detention Wing is located in
containers, which means it feels like a makeshift
solution, and according to staff the containers are
suited neither to summer nor winter temperatures.
The Joint Commission suggests improving this
situation.
1.4 – BERLIN-KÖPENICK PREDEPORTATION DETENTION FACILITY
1.3.3 – Further suggestions by the Joint
Commission for improving the conditions of
detention and response of the Ministry of Justice
of Baden-Württemberg
The Joint Commission conducted a follow-up visit
to Berlin-Köpenick Pre-Deportation Detention
Facility on 26 June 2013. It had previously visited the
facility on 8 April 2011 and drawn attention to several
shortcomings. The main aim of the follow-up visit was
to investigate whether these shortcomings had been
remedied.
The Joint Commission found that some of the
recommendations it made in 2011 have not yet been
implemented.
The Joint Commission inspected those parts of the
facility it had criticised during its initial visit,
including the segregation area, the various landings
used for male and female detainees awaiting
deportation, the sanitary facilities, the visiting area
and the admissions area. In addition, the Joint
Commission spoke to several detainees awaiting
deportation.
At the time of the visit the facility was holding 17
male detainees awaiting deportation. There were no
female detainees awaiting deportation in the facility.
The average time detainees spend in the facility was
quoted as 17 days.
The advantage of placing detainees awaiting
deportation in a prison is that they can make use of
the prison infrastructure, in particular the specialist
services, the infirmary and sports activities. However,
the fact that the Pre-Deportation Detention Wing is
attached to the prison also imposes restrictions on
their daily routine. For instance, detainees awaiting
deportation are not permitted to use mobile phones in
the facility. Detainees can use the telephones installed
in the facility between 8 am and 4 pm on weekdays
and during their 1 1/2 hours of free time at weekends.
These times are not conducive to maintaining
contact, however, since they fall in normal working
hours, which means that relatives who are working are
not always able to maintain contact with detainees. In
addition, problems can arise when detainees need to
contact someone living in another time zone. Visiting
hours are also restricted to one hour on weekdays
(Mondays to Fridays between 8 am and 11 am).
Likewise, it is only possible to use the recreation yard
for 1 1/2 hours each day. On weekdays detention
rooms are only unlocked between 2.30 pm and 5 pm.
Association is possible between 9 am and 11 am.
23
1.4.1 – Positive findings
Particular mention should be made of the noticeably
good atmosphere which the Joint Commission
See II.1.3 above
54
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