2 – CUSTODY AWAITING DEPORTATION AND CUSTODY TO SECURE DEPARTURE 2.1 – INITIAL MEDICAL EXAMINATION 2.4 – VISIBILITY OF TOILETS Staff members should indicate their presence before entering a cell, especially if the toilet is not partitioned off. The person in the cell might be using the toilet and should be given the opportunity to indicate this. Every person required to leave the country must undergo an initial medical examination upon admission into custody awaiting deportation [Abschiebungshaft] or custody to secure departure [Ausreisegewahrsam]. It must be ensured that any indications of trauma or mental illness are diagnosed. In case of communication difficulties, an interpreter should always be called upon to assist in initial medical 9 examinations. For reasons of confidentiality, translations should not be performed by other detainees awaiting deportation. Moreover, if translations are performed by non-medical staff or other detainees awaiting deportation, there is no guarantee that technical terms and subject matter will be correctly translated into the other language. CCTV cameras must be fitted in such a way that the toilet area is either not visible on the monitor at all or, alternatively, is only shown in the form of pixelated images. If deemed necessary in individual cases, it may be possible to permit unrestricted monitoring of detainees held in specially secured cells due to an acute danger of self-harm or suicide. However, any such decision should be carefully considered, substantiated and documented. If a toilet area is indeed covered by CCTV monitoring and is not pixelated, only persons of the same sex as the detainee should carry out the monitoring. 2.2 – EXTERNAL CONTACT 2.5 – PHYSICAL RESTRAINT It should be possible for persons required to leave the country to receive visitors without restrictions, especially relatives. In order to establish or maintain contact with their families and home country, and to facilitate their return, they should also be allowed to use mobile phones and have access to the internet. The National Agency defines physical restraint (“Fixierung”) as the act of depriving a person of their freedom to move by binding their arms, legs and in some cases the centre of the body, with the result that they are unable to change their sitting or lying position independently. The Agency requires the following conditions be met for the use of this measure: 2.3 – WORK AND RECREATIONAL ACTIVITIES The use of physical restraints is only to be ordered as a last resort, on the basis of clear and precisely defined criteria, and for the shortest possible period of time. To minimise the risk of physical harm, restraints should be applied using a strap-based system. Persons being physically restrained should, at the very least, be given paper underwear and a paper shirt to wear in order to protect their sense of modesty. The prisoner must also be checked on regularly by a doctor. Persons under physical restraint must also be observed continuously and personally by therapeutic or care staff who are in direct proximity to the detainee (one-on-one It should be possible for persons required to leave the country to make meaningful use of their time. There should be sufficient opportunities to do so every day. This includes access to common rooms, prayer rooms and kitchens where detainees can prepare their own meals. 9 See part III. 1.10 – “Communication during the entire deportation procedure” 21