were similar to those found
confinement in prisons.
as basic information regarding their conditions
of detention, should also be included in the
house rules. The house rules should be made
available in the necessary languages and handed
out as required upon admission.
in solitary
The legal bases cited by the head of the facility
(namely section 5 (1) sentence 2 and section 23 of
the North Rhine-Westphalia Act on the
Execution of Detention Awaiting Deportation)
were insufficient for the execution of solitary
confinement. Solitary confinement neither
represents a mere restriction of the freedom to
move around, nor can it be classed as a simple
relocation to another detention wing. Until such
point as a relevant statutory provision is in force,
solitary confinement must not be executed in
detention facilities for persons required to leave
the country.
2.2.10 – CCTV monitoring
As regards CCTV monitoring, several
recommendations were submitted concerning
the doctor’s room, common rooms and
corridors.
Doctor’s room
In the doctor’s room of the facility for custody
awaiting deportation in Darmstadt, a video
camera had been installed on the wall which,
according to the head of the facility, could not
be switched off. The images from this camera are
displayed on a monitor in the main office.
2.2.8 – Physical restraint
At UfA Büren, a restraining bed had been set
up in the entrance area of the specially secured
cell. These beds can intimidate detainees
awaiting deportation and should therefore not
be stored in an immediately visible location.
CCTV monitoring of medical treatment
rooms constitutes a serious interference with the
right of personality of persons concerned, and
can also result in a breach of privacy (e.g. if the
individual concerned removes their clothes). In
the view of the National Agency, the
indiscriminate and uninterrupted surveillance
observed in the present case is unlawful and
should be terminated immediately. Potential
security risks should be handled in other ways.
2.2.9 – Provision of information and exercise
of rights
Detainees at the Darmstadt facility for custody
awaiting deportation stated that they were
unable to obtain any basic information regarding
the facility itself, their conditions of detention
or their rights. The house rules, for example, did
not contain any specific information on possible
complaint channels, contact details of nongovernmental organisations active in the field, or
information regarding medical care.
Common rooms and corridors
At the facility for custody awaiting deportation
in Darmstadt and at the Frankfurt Airport
branch of the Hesse reception centre for
refugees (HEAE Frankfurt Airport), the areas
covered by CCTV monitoring included the
common rooms and corridors. There was no
light on the cameras to indicate to the persons
concerned whether or not they were running. At
HEAE Frankfurt Airport, the recordings were
saved and then deleted after three days.
At UfA Büren, there were doubts as to
whether the detainees awaiting deportation had
been sufficiently informed of the relevant
procedures for exercising their rights, such as the
dates on which they could receive legal advice.
These concerns were particularly applicable in
cases involving a language barrier. At HEAE
Frankfurt Airport, the house rules were only
available in Arabic, English, French and Tamil.
Following an enquiry by the National Agency,
it was stated that the CCTV monitoring at
HEAE Frankfurt Airport was carried out to
protect public safety and on the basis of
provisions from the Hesse Data Protection and
Freedom of Information Act. However, it was
still unclear which specific provision served as
the legal basis for CCTV monitoring and storing
data.
Detainees awaiting deportation must be given
information on all relevant issues – particularly
those relating to their rights – in a language they
understand well. In case of communication
difficulties, an interpreter must be called upon to
assist. In addition, information regarding the
rights of detainees awaiting deportation, as well
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