SPOTLIGHT ON CUSTODY PENDING DEPORTATION
late November 2013, which now has sole responsibility
for enforcing the measure.
stop offering recreational activities because not
enough people take advantage of them. Specialist
services such as social workers are often only available
on call, since it does not make sense to hire them on a
permanent contract when the facility only caters for a
few detainees awaiting deportation.
1.2 – DROP IN THE NUMBER OF CUSTODY
PENDING DEPORTATION ORDERS AND
CONSEQUENCES FOR THE
ENFORCEMENT OF CUSTODY PENDING
DEPORTATION IN PRISONS
1.3 – THE ADVANTAGES OF SPECIALISED
DETENTION FACILITIES
However, the majority of the Länder continue to
execute custody pending deportation in prison
accommodation and in some cases in police stations
or special police detention facilities. Enforcing
custody pending deportation in prisons has its
advantages, since detainees awaiting deportation can,
for example, then make use of the good infrastructure
available there. For instance, the specialist services
(e.g. doctors and psychologists) are on hand, often
there is also a good range of recreational and
purposeful activities available. Placing those in
custody pending deportation in a prison often also
means that they are closer to their relatives. However,
such detention together with the drop in the number
of custody pending deportation orders creates new
problems.
For instance, the Joint Commission found that in
several facilities there was only one woman in custody
pending deportation and that she was consequently
being detained alone in that section of the facility.
Even if this is an unintentional consequence, it is
equivalent to solitary confinement. In addition, these
women’s situation is often exacerbated because they
cannot communicate with staff in the facility on
account of language problems, which means they have
no-one at all to talk to. Some Länder have signed
mutual cooperation agreements regarding female
detainees awaiting deportation. For example, the
facility enforcing custody pending deportation in
Eisenhüttenstadt in Brandenburg also takes in females
awaiting deportation from Schleswig-Holstein and
Mecklenburg-Western
Pomerania.
The
aforementioned
problem
of
isolation
can,
nevertheless, still arise in these facilities.
Further, numerous other problems arise on account
of the often limited number of people held in custody
pending deportation.
In many cases the lack of a common language makes
it impossible for detainees to communicate with each
other. That also makes it difficult for them to engage
in recreational activities together and take-up of the
offers available is thus very low. Communication with
members of staff is also difficult if not impossible on
account of language barriers, since staff often do not
speak any of the detainees’ languages. This, in turn,
has an impact on motivation amongst staff, and they
Where separate facilities are available to enforce
custody pending deportation, they can take account
of the specific situation which detainees awaiting
deportation find themselves in. It is of no
consequence whether these facilities are subject to the
oversight of the department of the interior or of the
department of justice. In specialised facilities
detainees awaiting deportation are not subject to the
restrictions and security measures specific to the
penal system to the same degree as sentenced
prisoners and remand prisoners, such as lock-in and
unlocking times, limited yard exercise time, limited
visiting times, monitoring of post and a mobile phone
ban. In addition, they can be provided with more
targeted support on account of staff with the relevant
linguistic skills being specially selected and trained in
this area. Detainees awaiting deportation can be
offered more wide-ranging recreational and
purposeful activities. Establishing a small number of
specialised centres means that a larger number of
detainees awaiting deportation can be accommodated
who speak the same language and have the same
cultural background. This may more effectively
counteract the isolation and withdrawal which has
been observed in individual detainees. Weighing up all
the arguments, the Joint Commission therefore
recommends creating specialised facilities for
enforcing custody pending deportation which meet
the specific requirements of this form of detention.
Rhineland-Palatinate, Brandenburg and Berlin already
have such specialised facilities. Since November 2013
Bavaria has been provisionally enforcing custody
pending deportation in a central facility until the
European Court of Justice issues its ruling.
1.4 – BEST-PRACTICE EXAMPLES
During its visits the Joint Commission encountered
numerous successful and best-practice examples in
regard to the enforcement of custody pending
deportation. These will be described in summary in
the following.
Special mention should be made of the general
conditions of detention in Ingelheim Detention
Centre for Persons Required to Leave the Country.
22
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