To ensure a dignified return, the person
concerned should at least be given the
opportunity to pack whatever personal
51
belongings they need. Deportation procedures
should not lead to the person concerned losing
their personal belongings. Contrary to the
information provided by many authorities, it is
not always possible for relatives to send personal
belongings at a later date.
At the time of collection, persons being
deported should be provided with information
on the deportation procedure. This should be
done immediately, comprehensively, in writing,
and in a language they understand well. The
information sheet should include the following
details:
1.2.5 – Cash lump sum
The payment of a lump sum in cash is the
responsibility of the respective foreigner
authority of the Länder, and was not handled
consistently. As a rule, the Land Saxony did not
pay a lump sum to persons with no financial
means unless this was requested by the
deportees themselves. As barely any of the
deportees were aware of this possibility, the
system could end up being handled arbitrarily.
At certain airports, the deportation monitoring
centre voluntarily provided cash lump sums to
persons being deported. This, however, was not
reimbursed to the monitoring centre.
The schedule of the deportation including
flight times
Information on luggage
Rights during the deportation procedure
1.2.7 – Unlawful deprivation of liberty
At Tegel airport, deportees who are not
escorted during the deportation procedure on
account of their risk assessment are locked up in
one of the three larger custody cells while they
wait for their flight. This can take several hours.
In response to a query from the visiting
delegation, the officers were unable to cite a
legal basis for locking up the deportees. In their
view, locking up the deportees did not constitute
a deprivation of liberty because it was deemed
necessary in order to carry out the deportation
measure and therefore fell within the framework
of the overall procedure.
In the National Agency’s view, nobody should
be deported without financial means of their
own. All deportees must have sufficient financial
means to pay for the journey from the airport to
the final destination, as well as for meals needed
during this journey. Many Federal Länder have
already adopted appropriate regulations as a
52
result.
From a legal perspective, this view is
inconsistent with the past decisions of
54
Germany’s highest courts. While both the
collection and the waiting period at the airport
(e.g. at the gate) are considered part of the
deportation
procedure,
any
additional
55
confinement of the deportees is not. This
represents a deprivation of liberty which
56
requires a basis in substantive law.
Section 39 (1) no. 3 of the Act on the Federal
Police does not constitute a suitable basis, as the
requirements stipulated therein would not be
met in the present case. For instance, locking the
door of the custody cell is not absolutely
necessary. As the visiting delegation was
1.2.6 – Information on the deportation
procedure
Based on the National Agency’s observations,
deportees did not receive comprehensive
written information regarding their rights and
the deportation schedule. However, such
information could help to reduce the stress
experienced and the potential for resistance
53
amongst deportees.
https://www.unhcr.org/4d948a7d9.pdf (retrieved on
07/03/2019)
54
Federal Constitutional Court, order of 15/05/2002, file no.:
2 BvR 2292/00; Federal Administrative Court, judgment of
23/06/1981, file no: 1 C 78.77
55
Federal Constitutional Court, order of 15/05/2002, file no.:
2 BvR 2292/00, juris margin no. 28; Federal Administrative
Court, judgment of 23/06/1981, file no: 1 C 78.77, juris margin
no. 11
56
Federal Constitutional Court Decisions 2, 118, 119; 29, 183,
195
51
Council of Europe, Twenty Guidelines on Forced Return,
September 2005, Guideline no. 15, p. 44, URL:
https://www.unhcr.org/4d948a7d9.pdf (retrieved on
07/03/2019)
52
These are Brandenburg, Baden-Württemberg, Bremen,
Lower Saxony, North Rhine-Westphalia and Thuringia
53
CPT/Inf (2003), margin no. 41; CPT/Inf (2016) 35, margin
no. 17; Council of Europe, Twenty Guidelines on Forced
Return, September 2005, Guideline no. 4, p. 18, URL:
53
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