PRE-DEPORTATION DETENTION FACILITIES
into looking after the detainees awaiting deportation,
cannot compensate for the loss of this position. The
other social worker is responsible for the entire
prison. According to her, she only has a small amount
of time she can allocate to detainees awaiting
deportation. The social worker and the chaplain feel
that detainees awaiting deportation urgently need
regular advice and meetings in order to be able to deal
with the specific problems encountered in custody
pending deportation.
In the opinion of the detainees awaiting
deportation, the conditions of detention in Bützow
Prison mean that they cannot engage in any sensible
activities apart from one hour of yard exercise per day
and a little sports, and that they spend most of the day
either sitting in their rooms or standing in the
corridor doing nothing.
In view of this situation the Joint Committee
recommends hiring an additional at least part-time
social worker in the Pre-Deportation Detention
Wing who is available to talk to detainees, who is
aware of the specific problems associated with
custody pending deportation and can provide
assistance. Further, the range of recreational activities
on offer should be extended.
Response: In order to improve the level of support
available, Bützow Prison will be employing a social worker
in the Pre-Deportation Detention Wing from February
2014. Her actual hours will be based on the needs of the
detainees awaiting deportation.
The Pre-Deportation Detention Wing also has a
room which is fitted with a CCTV camera. According
to the head of the institution, it is used to
accommodate those who are suicidal as well as for
solidary confinement, which can sometimes be
ordered for several months. The CCTV camera is
always switched on when the room is occupied.
The fixtures and furnishings in the room fitted with
a CCTV camera are not suitable for those who are at
acute risk of committing suicide. The pipes above the
sanitary facilities protrude from the wall and thus
increase the risk of suicide significantly. The Joint
Commission holds the opinion that those at acute risk
of committing suicide should always be placed in a
specially secured room containing no dangerous
objects.
Further, it is not clear why those who have been
placed in solitary confinement need to be constantly
monitored by CCTV camera. Certain clearly defined
conditions must be met before a detainee can be
monitored by CCTV camera and this measure must
be necessary in the individual case. The mere ordering
of solitary confinement does not justify video
surveillance of the detained person on a regular basis.
Further, the National Agency is of the opinion that
measures must be taken to protect detainees’ privacy.
Human dignity demands that where video surveillance
of a detention room, including the toilet, is conducted
the detainee’s genital area must be pixellated on the
screen. Unrestricted monitoring of the detention
room can at most be considered based on a carefully
weighed up, well-founded and documented decision in
an individual case where there is an acute risk of
suicide or self-harm. Where such visual surveillance is
conducted by CCTV or through a peephole, those
concerned must be informed of that fact or it must be
clear to them that such surveillance is being carried
out.
Response: Persons who are at acute risk of committing
suicide are not placed in a room fitted with a CCTV
camera, but in a specially secured room containing no
dangerous objects. The room on the top floor which is fitted
with a CCTV camera is primarily used to accommodate
detainees with mental health issues and violence issues or
health issues and who were admitted to the facility at an
inopportune moment. In accordance with the principle of
proportionality, the facility only requires such placement to
the extent and as far as necessary to serve its purpose. The
supervisory authority agrees with the National Agency that
the ordering of solitary confinement does not necessarily
justify any monitoring by technical means and that it is only
permissible where specific conditions are met. Bützow
Prison will in future pay closer attention to this issue.
A sign (pictogramme) indicating the presence of video
surveillance equipment will be affixed in front of or in this
room to make it easier for detainees awaiting deportation to
recognise that surveillance by visual means is being carried
out. At the same time those placed in this area will be
informed when video surveillance is in operation.
Detainees awaiting deportation should be able to
have the lawfulness of the custody pending
deportation order issued against them subject to legal
review. To that end they first need to be given
comprehensive information about available legal
remedies, and that information must be provided in a
language they can readily understand. Since those
affected are usually not familiar with the German legal
system and may have great difficulty, for example,
making contact with non-governmental organisations
or with lawyers while in the detention facility, they are
especially reliant on help in asserting their rights. This
support can, for instance, be provided by a social
worker who has the necessary expertise in this area.
Ingelheim Detention Centre for Persons Required to
Leave the Country serves as a positive example; it has
its own advice centre. The Joint Commission regards
the legal counselling provided in the Pre-Deportation
Detention Wing in Büren Prison in North RhineWestphalia and in Eisenhüttenstadt Pre-Deportation
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