1 – DEPORTATIONS In 2017, the National Agency observed the following deportation operations: - 11 January: Halle/Leipzig to Tunisia - 23 January: Frankfurt to Afghanistan - 8 February: Berlin Schönefeld to Italy - 24 April: Munich to Afghanistan - 21 June: Halle/Leipzig to Tunisia - 1 August: Ingolstadt to Albania - 12 September: Düsseldorf to Afghanistan - 13 September: Frankfurt to Albania 1.2.1 – Deportations of persons serving a prison sentence The National Agency observed cases where persons awaiting deportation were taken into custody to secure departure directly after serving a prison sentence, or released and then arrested again using coercive measures in order to be deported. Where persons who are required to leave the country are currently serving a prison sentence, every effort should be made to ensure they are deported before the end of their sentence. At the very least, the conditions for their deportation should be put into place before the prison sentence is fully served. Deportations fall within the remit of the foreigners authorities of the Länder and the police of the Länder. The Federal Police then takes charge of operations onwards from the airport all the way to handing the persons over in the country of destination. The procedures followed by the individual Länder vary considerably. Equally, the Federal Police’s procedures during deportations also vary depending on the airport. In order to improve the protection of fundamental rights during deportation operations, the National Agency sees the need to develop standards for deportations. Consequently, the Agency requested information from the responsible ministries of the Länder concerning rules on procedures followed during deportations. It also met with representatives from civil society concerned with the issue of deportation. This enabled the National Agency to gain a deeper understanding of the deportation procedures followed by authorities across Germany. 1.2.2 – Information on the time of execution of the deportation order According to section 59 (1) of the Residence Act [Aufenthaltsgesetz], after expiry of the deadline for voluntary departure, a person required to leave the country may not be informed of the exact date of the deportation. Generally, the person does not even receive an indication of the approximate timeframe for the deportation. However, the short notice provided ahead of deportation does give the persons concerned the chance to ensure they are organised and mentally prepared to leave the country. This can help prevent situations where the person experiences severe stress or anxiety, which can result in resistance, 45 or long-term personal injury. This is particularly relevant for vulnerable groups such as families with children, or sick or disabled persons. In North RhineWestphalia, the responsible authorities reported that it was already standard practice to provide such notification. For humanitarian reasons, wherever individual cases require – for example if there are children or sick people in the family – persons required to leave the country should be informed at least a week in advance that their deportation is imminent. 1.1 – POSITIVE EXAMPLES The National Agency highlighted the following positive example during its visits: During a charter flight deportation from Munich Airport to Kabul, the strip-searches were not conducted by the same police officers who accompanied the persons concerned throughout the entire flight. According to the person in charge of the operation, this procedure helps create a better relationship between the accompanying police officers and the person being deported. 1.2.3 – Time of collection The National Agency observed that persons awaiting deportation are often collected at night time. This practice should be avoided. 1.2 – FINDINGS AND RECOMMENDATIONS The enforcement authorities were given recommendations on the following main topics: 45 39 CPT/Inf (2016) 35 margin nos. 14 and 17.