PRE-DEPORTATION DETENTION FACILITIES
hours in the afternoon. Both the men and women are
given access to the yard during these times. These
hours should be extended. Since detainees awaiting
deportation are not prisoners, they should only be
subject to those restrictions which are absolutely
necessary in regard to the enforcement of the
deprivation of liberty. That is why the detention
rooms should be unlocked for as long as possible and
detainees should be given access to the courtyard and
the shower rooms when they are allowed out of their
rooms. An exemplary rule is applied in BerlinKöpenick Pre-Deportation Detention Facility, where
detention rooms are only locked during shift changeovers and access is provided to the recreation yard
several times each day. In Ingelheim Detention
Centre for Persons Required to Leave the Country
unlocking times are between 7 am and 10 pm every
day, and detainees have access to the recreation yard
and the showers during those times.
According to the prison management, the social
service lets detainees awaiting deportation make
telephone calls every other week. Other calls may be
authorised in urgent cases. However, it is often
difficult for detainees to make calls to their home
countries on account of the connection failing. The
Joint Commission is aware that for security reasons on
account of the facility also being used to enforce other
types of detention, detainees may not use mobile
phones. However, it would like to point out that the
use of mobile phones is variously permitted in
separate facilities enforcing custody pending
deportation. At any rate, detainees awaiting
deportation should be permitted regular access to a
telephone which they can also use to phone abroad.
The visiting times granted to detainees awaiting
deportation (30 minutes per week) are comparatively
short. Considerably longer visiting times should be
granted, as is the case in the facilities in Ingelheim,
Berlin and Büren.
Prison staff reported that no professional
interpreter is brought in during the admission
meeting and the initial medical examination of
detainees
awaiting
deportation.
Where
communication problems arise, other detainees are,
where possible, used to interpret, including prisoners.
Sometimes communication is only possible using sign
language, they said. Sometimes even day-to-day life in
the unit was only possible by communicating by
indirect means. This was also the conclusion the Joint
Commission drew after it inspected the files of
detainees awaiting deportation, since applications
were often written by other people. Detainees
awaiting deportation are often at particular risk on
account of their background (flight, experiencing
violence). Because they often suffer from mental
illnesses, custody awaiting deportation is a particularly
stressful situation for those affected. The following is
taken from the resolution adopted in 2011 at the 114th
German Medical Assembly:
“It is a well-known fact that the health of detainees
awaiting deportation deteriorates whilst they are in custody.
Detrimental conditions include a lack of information about
the reason for and duration of their detention, being
accommodated together with prisoners, isolation, not being
able to communicate due to language barriers,
retraumatisation following trauma experienced during
earlier arrests and periods in detention, and the lack of
31
psychological and medical care.”
Against this backdrop it is especially important that
staff are able to get as broad a picture of a detainee’s
mental and physical state as possible. Firstly, drawing
in other detainees to interpret does not guarantee that
what those affected say is rendered fully and correctly
in German. Secondly, it also does not ensure a
confidential atmosphere during the meeting. It should
be ensured that interpreters, where necessary external
interpreters, are called in to take part in admission
meetings and especially medical examinations. It must
also be possible for staff and detainees awaiting
deportation to communicate on a day-to-day basis in
the wing. During its inspection of the pre-deportation
detention wing in the women’s prison the Joint
Commission found that in some cases staff were not
able to communicate with the detainees. When
Mühldorf am Inn Prison becomes the central facility
responsible for enforcing custody pending
deportation, attention should be paid to the targeted
selection of personnel to work in this area. Staff
should have various cultural backgrounds and cover as
large a spectrum of languages as possible.
The civil servants employed in the Pre-Deportation
Detention Wing are not given any specific training in
dealing with detainees awaiting deportation.
However, this group of people find themselves in a
very specific situation on account of their facing
deportation. At Mannheim Prison, for instance, staff
in the Pre-Deportation Detention Wing are given
special training. The National Agency suggests
organising similar courses for staff in the new unit to
be set up at Mühldorf am Inn Prison.
The women’s prison has a shower room which is
used by all the prisoners and female detainees awaiting
deportation. The latter are permitted to use the
showers on weekdays during unlocking times. When
enforcing custody pending deportation in a
specialised facility, unrestricted access should in
31
German Medical Council (2011), 114th German Medical
Assembly, Resolution, p. 125
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