2 – CUSTODY AWAITING DEPORTATION AND CUSTODY TO SECURE DEPARTURE if translations are performed by non-medical staff or other detainees awaiting deportation, there is no guarantee that technical terms and subject matter will be correctly translated into the other language. 2.1 – LEGAL BASIS The detention conditions of persons in custody awaiting deportation [Abschiebungshaft] and custody to secure departure [Ausreisegewahrsam] must differ from 7 those of sentenced prisoners . Furthermore, any interference with basic rights beyond the mere placement in such a detention facility requires its own 8 legal basis . Consequently, a specific legal basis must be established for the enforcement of custody awaiting deportation and custody to secure departure. 2.4 – PSYCHOLOGICAL AND PSYCHIATRIC CARE 2.2 – ADMISSION MEETING 2.5 – STAFF An admission meeting must be held with every newly admitted person, during which the person required to leave the country must be informed of the reason for his/her detention. The person must also be informed of his/her rights. During these meetings, special attention must be paid to any indications of a mental disorder. If necessary, a psychologist should be involved. Therefore, the detention facility’s staff members responsible for conducting admission meetings must receive specialised training enabling them to recognise signs of trauma or mental illnesses. In case of communication difficulties, an interpreter should 9 always be called upon to assist in admission meetings. The staff of facilities for the enforcement of custody awaiting deportation [Abschiebungshaft] or custody to secure departure [Ausreisegewahrsam] should be specifically chosen and trained to work in this field. The detention facility should make sure that a psychologist or psychiatrist is called in where this is necessary. 2.6 – LEGAL CONSULTATION Persons required to leave the country must be given the opportunity to seek legal advice. 2.7 – PLACEMENT OF MINORS Unaccompanied minors are not to be placed in facilities for the enforcement of custody awaiting deportation or custody to secure departure, but in child and youth welfare facilities. If minors are placed in facilities for the enforcement of custody awaiting deportation or custody to secure departure together with their parents or the persons entitled to exercise parental authority, it must be ensured that such custody takes account of the child's best interests. 2.3 – INITIAL MEDICAL EXAMINATION Every person required to leave the country must undergo an initial medical examination upon admission into custody awaiting deportation or custody to secure departure. It must be ensured that indications pointing to trauma or mental illness are diagnosed. In case of communication difficulties, an interpreter should always be called upon to assist in 10 initial medical examinations. Translation by another person required to leave the country is not appropriate for reasons of confidentiality. Moreover, 2.8 – EXTERNAL CONTACT It should be possible for persons required to leave the country to receive visitors without restrictions, especially relatives. In order to maintain or establish contact with their families and home country, and to facilitate their return, they should also be allowed to use mobile phones and have access to the internet. 7 Cf. Article 16 para. 1 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008. 8 Federal Constitutional Court, judgment of 31/05/2006, 2 BvR 1673/04, NJW 2006, 2093 (2093). 9 See Chapter II. 1.7 – “Communication during the entire deportation procedure”. 10 Ibid. 17