informed at the police station, the only reason
why deportees are locked up is because there is
an insufficient number of staff available to
supervise them.
1.2.8 – Mobile phones
During the deportation measure observed at
Leipzig/Halle Airport, deportees’ mobile phones
were taken from them upon arrival at the airport
and withheld until they arrived in their country
of destination.
In cases involving a deprivation of liberty, a
judicial order is required pursuant to Article 104
(2) of the German Basic Law. According to
information provided by the station, judicial
orders were not obtained for the deprivations of
liberty that had taken place. Thus, the practice
in question was an unlawful deprivation of
liberty that must be remedied as a matter of
urgency.
During a deportation flight departing from
Munich airport last year, the National Agency
observed that all deportees did not have to
surrender their mobile phones for the duration
of the flight until shortly before boarding. This
meant that the deportees were able to
independently contact their relatives or legal
counsel while waiting at the gate. Police officers
at Munich Airport emphasised that this
approach served to de-escalate the situation and
that there were no security concerns.
The National Agency was informed of a similar
approach at Frankfurt Airport. Here, a deportee
reported that on the morning of his scheduled
deportation – which did not take place until late
in the evening – he had been collected from his
apartment by the Hesse Land Police and initially
taken into the custody of the Land Police in
Offenbach for a period of several hours.
According to the Hesse Ministry for the Interior
and Sport, a judicial order was not required for
this measure.
Mobile phones should only be confiscated
during a deportation procedure if this is deemed
necessary in substantiated individual cases.
54
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