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
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