supervision). For any physical restraint applied for more than just a short period of time, a court 10 decision is required. The measure should be discussed with the detainee concerned 11 afterwards. The detainee should also be informed after the measure of the possibility to have a court review the permissibility of the 12 restraint procedure. 2.9 – PSYCHOLOGICAL AND PSYCHIATRIC CARE The facility should make sure that a psychologist or psychiatrist is called in where this is necessary. 2.10 – LEGAL ADVICE Written reasons should be given for every instance of physical restraint. This should include documentation of which less restrictive measures had been tried in advance and why these failed. Persons required to leave the country must be given the opportunity to seek legal advice. 2.11 – LEGAL BASIS The detention conditions of persons in custody awaiting deportation [Abschiebungshaft] and custody to secure departure [Ausreisegewahrsam] must differ from those of 13 sentenced prisoners. Furthermore, any interference with basic rights beyond the mere placement in such a detention facility requires 14 its own legal basis. Consequently, a specific legal basis must be established for the enforcement of custody awaiting deportation and custody to secure departure. 2.6 – CCTV MONITORING CCTV monitoring should only be used in individual cases where it is imperative to protect the person concerned. The reasons for the use of CCTV monitoring should be documented. In addition, the person concerned must be informed that monitoring is taking place. The mere fact that the camera is visible is not sufficient. It should be possible for the person concerned to discern whether the camera is running. 2.12 – RESPECTFUL TREATMENT 2.7 – CLOTHING Detainees awaiting deportation should be treated respectfully. For example, staff members should indicate their presence in a suitable manner before entering a room, and should, as a rule, speak to detainees using polite forms of address. As a rule, persons required to leave the country should be allowed to wear their own clothes. 2.8 – STAFF The staff of facilities for the enforcement of custody awaiting deportation [Abschiebungshaft] or custody to secure departure [Ausreisegewahrsam] should be specifically chosen and trained to work in this field. 2.13 – PLACEMENT OF MINORS Unaccompanied minors should not be placed in facilities for the enforcement of custody awaiting deportation or custody to secure departure, but in child and youth welfare facilities. If minors are placed in facilities for custody awaiting deportation or custody to secure departure together with their parents or legal guardians, it must be ensured that such custody takes account of the child’s best interests. 10 Federal Constitutional Court, judgment of 24/07/2018, file no.: 2 BvR 502/16, margin no. 69 11 DGPPN [German Society for Psychiatry and Psychotherapy] (2018): “S3-Leitlinie: Verhinderung von Zwang: Prävention und Therapie aggressiven Verhaltens bei Erwachsenen.” URL: https://www.dgppn.de/_Resources/Persistent/154528053e2d1 464d9788c0b2d298ee4a9d1cca3/S3%20LL%20Verhinderung %20von%20Zwang%20LANG%2BLITERATUR%20FIN AL%2010.9.2018.pdf (last retrieved on 27/02/2019). 12 Federal Constitutional Court, judgment of 24/07/2018, file no.: 2 BvR 502/16, margin no. 85 13 Article 16 para. 1 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 14 Federal Constitutional Court, judgment of 31/05/2006, file no.: 2 BvR 1673/04, NJW 2006, 2093 (2093) 22