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has been replaced by “observation at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
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