CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM IV. EXPULSION CENTRE On 22 November 2010, advisers to the Chancellor of Justice carried out an unannounced follow-up inspection visit to the expulsion centre of the migration supervision bureau of the Citizenship and Migration Department under the Police and Border Guard Board (PBGB) (until 31 December 2009, the expulsion centre of the Citizenship and Migration Board (Inspection visit to the expulsion centre of the migration supervision bureau of the Citizenship and Migration Department under the Police and Border Guard Board, case No 7-7/101685). The Chancellor’s previous visits to the expulsion centre took place on 6 May 2009 and 30 September 2009. An expert was involved in the inspection visit to assess the availability of general medical care. Primary attention during the visit was on compliance with the Chancellor’s recommendations made on 29 June 2009 and 10 November 2009. Additionally, attention was also paid to other issues arising during the visit and to compliance with the recommendations given by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in 2007. The most important change in the organisation of work of the institution concerns the fact that since 1 October 2010 security service in the expulsion centre is offered by the guard bureau of the Public Order Department of the PBGB instead of the private company G4S which had been used previously. Due to the merger of different institutions and establishment of the joint Police and Border Guard Board on 1 January 2010, the job descriptions of the officials of the expulsion centre were still being revised during the visit. Guidelines for the provision of security service had also not yet been revised due to the transfer of the duties from the private security company to the guard bureau of the Public Order Department of the PBGB. The inspection visit revealed that the majority of problems were related to compliance with the recommendations concerning the application of security measures and drawing up administrative acts. There were still problems with the decisions concerning the use of handcuffs, translation of administrative acts restricting the rights of persons, provision of opportunities for spending free time for the persons to be expelled, and enabling visits and other communication with persons outside the centre. It could also be noted that some confusion in ascertaining the job-related duties of the staff was caused by the delay in the revision of job descriptions and security guidelines since the establishment of the joint PBGB. The Chancellor also carried out an assessment of the organisation of health services and ensuring an opportunity to comply with the compulsory school attendance for persons detained in the centre. As a result of the inspection visit, on 27 December 2010 the Chancellor issued recommendations to the Director General of the PBGB for compliance with the principles of lawfulness and good administration. The Chancellor also issued recommendations to the Minister of Internal Affairs concerning conformity of the Obligation to Leave and Prohibition on Entry Act and the Minister of Internal Affairs Regulation of 27 July 2004 establishing the “Internal rules of the expulsion centre” with the Constitution and the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals. The recommendations concerned justification of the conditions of detention in the expulsion centre. The following section contains an overview of the Chancellor’s recommendations. (1) First, the Chancellor assessed the provision of health services to the detainees in the expulsion centre. An expert was involved in the visit to assess the conformity of health services with the requirements. First of all, the Chancellor assessed the general availability of health services in the expulsion centre and conformity of the relevant legislation with the Constitution. Under § 269(1) of the Obligation to Leave and Prohibition on Entry Act, emergency medical care must be ensured for persons to be expelled. Under subsection 2, the expulsion centre must have a permanent medical treatment facility for the supervision of the health of persons to be expelled. Under Article 16 paragraph 3, second sentence, of the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, emergency health care and essential treatment of illness shall be provided during detention. 27