Human Rights and Art. 7 of the International Covenant on Civil and Political Rights.26 The corresponding passage of the detention code should hence be removed and such practices put an end to. light.27 In order to avoid such misunderstandings due to the wording, the current wording of No. 2.4 of the detention code, “permanent lighting of the detention room”, has been replaced by “observation at night”. The Commission of the Länder expresses its concern over the fact that a detainee awaiting deportation who was at risk of suicide was accommodated in a separation cell. Social isolation leads to increased fear, and hence to an increased risk of suicide. The Senate Administration states that, in individual cases, accommodation in a quiet area can help stabilise the inmate. What is more, the necessary protection of the inmate and any constant observation that might be necessary could only be guaranteed in individual detention. The Commission of the Länder would like to It is stated that the violence and suicide see a targeted concept of violence and sui- prophylaxis strategies of the division of the cide prophylaxis. Berlin Police responsible for detainees satisfy the quality standard. The Commission complains that no psycho- In addition to the part-time psychologist, logical specialist is working in situ. Accord- the inmates are said to have at their dising to the prison governor, the specialist’s of- posal two permanent social workers. fice is at the immigration office. Only a specialist psychologist who is constantly in situ is able to assess the well-being of the detainees awaiting deportation and follow their development. The information provided to the inmates on their rights to have contact with, for instance, legal counsel and a physician is inadequate. The information documents must naturally be available in a language which the detainees awaiting deportation can understand. There are said to be no objections to the proposed addition to the information sheets. The Senate Administration plans to appropriately revise the information sheets. When it comes to access to legal counsel, language barriers may not be used as a reason for denying this right. It must be examined to what degree the inmates are aware of legal advice and whether these are adequately The detention pending deportation facility The detention pending deportation facility is said to have at its disposal the list of is said to have at its disposal the list of interpreters of the Berlin Police, covering interpreters of the Berlin Police, covering all relevant languages. all relevant languages. 26 cf. in this respect also the study submitted to the Human Rights Council by UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Manfred Nowak of 5 February 2010, UN Doc. A/HRC/13/39/Add.5, No. 55: “The establishment of psychological torture methods is a particular challenge. Mock executions, sleep deprivation (…) are equally destructive as physical torture methods. In most cases, victims of mental abuse are left dependant on counselling and other psychological or psychiatric support for long periods of time. Moreover, their suffering is very often aggravated by the lack of acknowledgement, due to the lack of scars, which leads to their accounts very often being brushed away as mere allegations.” 27 In its order of 23 June 2005, Celle Higher Regional Court stated on the design of detention (22 W 32/05 NVWZRR 2006, 254) that circumstances such as permanent lighting merely constituted inconveniences and discomfort which the detained persons had to accept; there had been no grievous breaches of constitutionally-protected fundamental values in this respect. 62

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents