Deportation monitoring centres should be set
up at all airports where deportations take
48
place . A dialogue should then be maintained
between these centres and the competent
authorities.
However, when asked how many air escorts
would accompany a deportee during the
measure, the officers came to a different risk
assessment. Willingness to fly was once again
cited as the decisive factor here. For persons
who were unwilling to fly, officers stated that
three escorts were required; those who were
willing to fly, however, would require only two.
As a result of the risk assessment, over half of the
deportees were found not to be unwilling to fly,
and were therefore accompanied by only two
officers. This corresponds with the National
Agency’s impressions during its observations.
The majority of deportees accepted the measure
and did not put up any resistance.
1.2.2 – Respect for the best interests of
children
The deportees involved in one operation at
Frankfurt Airport were predominantly families
with children who had to wait several hours at
the airport for their departure. There were no
facilities to keep the children occupied. In
response to a query from the visiting delegation,
it was stated that the deportation monitor from
the Diakonie association had a small selection of
toys which could be handed out upon request.
The Federal Police does not have any toys. The
reason given for this was that the gate is normally
used for regular passenger check-in procedures,
meaning that permanent play equipment could
not be installed.
There was no record of the intensity of the
searches, and no justification was provided for
carrying out this measure.
This approach reinforced the National
Agency’s impression from the previous
deportation measure between Leipzig/Halle and
Enfidha in 2017, namely that strip-searches were
carried out merely on the basis of the individual’s
nationality, which would represent a violation of
deportees’
right
to
equal
treatment.
Furthermore, the knowledge that the vast
majority of affected persons have already
committed criminal offences is not a legitimate
reason to routinely interfere with their privacy
without considering each individual case.
Article 3 para. 1 of the Convention on the
Rights of the Child provides that, in all actions
concerning children, the best interests of the
child shall be a primary consideration. Facilities
to keep minors occupied have a calming and deescalating effect on both children and –
indirectly – on their parents. This can help
participants to perceive the deportation process
as being more respectful. For this reason,
suitable facilities to keep children occupied
should be available at the airport.
Strip-searches involving a visual inspection of
the prisoner's genital area represent a severe
interference with the prisoner's general right of
49
personality. It should therefore be decided on a
case-by-case basis whether there are in fact
indications of a danger to public security and
order that would justify a strip-search. Any such
measures must adhere to the principle of
50
proportionality.
1.2.3 – Strip-searches
During one deportation measure at
Leipzig/Halle Airport, each deportee was
subjected to a strip-search involving a visual
inspection of their genital area. This was carried
out by medical staff in the presence of police
officers. The reason provided for this was the
particularly high-risk situation. Officers stated
that deportees with a North African background
were unwilling to fly, and that there was a risk
that these persons might be carrying
instruments capable of inflicting self-harm.
1.2.4 – Luggage
The National Agency observed that a person
who was not at home at the time of collection
was taken directly to the airport by the Hesse
Land Police so that she could be deported. She
was not given the opportunity to pack.
49
Federal Constitutional Court, order of 05/03/2015, file no.:
2 BvR 746/13, margin no. 33
50
Cologne Administrative Court, 25/11/2015, file no. 20 K
2624/14, juris margin no. 115 et seqq.
48
Article 8 para. 6 of Directive 2008/115/EC of the European
Parliament and of the Council of 16 December 2008
52
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