PRE-DEPORTATION DETENTION FACILITIES
Response: Detainees in the facility are given sufficient
information regarding the different types of meals available.
Upon admission each detainee is given a copy of the house
rules. Point 4 of the house rules (which are available in 10
different languages) describes in detail the different types of
meals available. Further, reference is made to the choice of
meals during the first meeting with the social service. In
addition, the local staff on each landing address personal
concerns. A system for providing information using
pictogrammes is currently being prepared.
means of a curtain. According to the head of the
institution, only one detainee is ever placed in each of
these detention rooms. Some of the detention rooms
are very narrow, dark and not homely. The communal
showers have no partitions to protect privacy.
The Ministry of Justice of Mecklenburg-Western
Pomerania informed the Joint Commission that
renovation work on Block B in which detainees
awaiting deportation are housed is set to begin in
2016. Work has already begun on renovating Block A
and on constructing a new building; according to
current plans this work will be completed by June 2015
and December 2015, respectively. No decision has yet
been taken on which building detainees awaiting
deportation will be accommodated in.
On account of the structural design and the
resulting consequences of the wing accommodating
detainees awaiting deportation being affiliated to a
prison, Bützow Prison is unsuited to enforcing
custody pending deportation. Detainees awaiting
deportation may only be subject to those restrictions
which are absolutely essential to the enforcement of
custody pending deportation. In the opinion of the
Joint Commission, waiting for 1 1/2 years for the
renovation work to be completed is not an option. In
addition, short-term measures must urgently be taken
to improve detainees’ conditions of detention.
That is why the Joint Commission advocates
creating a separate facility in which custody pending
deportation is enforced, as is already the case in
Brandenburg, Rhineland-Palatinate and Bavaria and
as is provided for as the normal case by law. The CPT
25
shares this opinion.
Response: First measures have been taken to improve the
structural conditions in the Pre-Deportation Detention
Wing by placing new furniture in the detention rooms.
From January 2014 the detention rooms will be repainted,
the structural defects which the Joint Commission criticised
will be remedied and, where necessary, the sanitary facilities
refurbished. Provision has also been made for the kitchen
and the common room to be refurbished. Once this work is
completed there are plans for these rooms to be given the
necessary fittings and furnishings.
As mentioned in the above, pursuant to the EU
Returns Directive custody pending detention should
always be enforced in specialised detention facilities.
Where such specialised detention facilities are not
available in a Member State and detainees need to be
accommodated in normal prisons, detained thirdcountry nationals must be accommodated separately
from normal prisoners (principle of separation). This
is not possible in Bützow Prison.
1.5 – THE PRE-DEPORTATION DETENTION
WING IN BÜTZOW PRISON
The Joint Commission visited the Pre-Deportation
Detention Wing in Bützow Prison on 8 August 2013.
It inspected the wing together with the sanitary
facilities, the specially secured room containing no
dangerous objects, an observation room, the
recreation yard and the visiting rooms.
During its visit the Joint Commission spoke with a
psychologist, a social worker, the chaplain and other
members of staff in the wing. Further, it held a
confidential meeting with one detainee awaiting
deportation. The head of the institution and other
members of staff were on hand during the entire visit.
Bützow Prison has closed men’s and women’s wings
and can hold a total of 533 prisoners. Its responsibility
for male prisoners comprises enforcement of all terms
of imprisonment of no more than five years and
remand detention. It can hold a total of 498 men.
Bützow Prison is responsible for enforcing all terms
of imprisonment against adult females in
Mecklenburg-Western Pomerania and can hold a
total of 35 women. The prison enforces custody
pending deportation against adult male detainees
awaiting deportation in Mecklenburg-Western
Pomerania by way of providing administrative
assistance to the Ministry of the Interior. The PreDeportation Detention Wing can hold 12 men and
was fully occupied at the time of the visit.
1.5.1 – Recommendations of the Joint
Commission and response of the Ministry of
Justice of Mecklenburg-Western Pomerania
The Pre-Deportation Detention Wing in Bützow
Prison is in a very bad state of repair. The detention
rooms, sanitary facilities and the furnishings are worn
out, some are broken. There are holes in the doors,
windows and walls which have been filled with paper
or towels in a makeshift manner. Some of the rooms
and sanitary facilities are very dirty. According to one
member of staff it is impossible to get them properly
clean. The toilets in some of the cells are not
partitioned off, in some detention rooms only by
25
Cf. e.g. CPT/Inf/E (2002) 1 – Rev. 2013, margin no. 28 et seq.
and CPT/Inf (2012) 6, margin no. 33
56
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