2.2.5 – Staff
also be observed continuously and personally by a
trained member of staff who is in direct proximity to
the detainee (known as “Sitzwache”). The detainee
must also be examined regularly by a doctor.
In the Hamburg facility for custody to secure
departure, the admission meeting is conducted by the
facility’s staff. In addition, as the permanent and in
most cases only point of contact for detainees
awaiting deportation, these staff have the most
contact with this target group despite having received
no training regarding the group’s specific features and
problem areas. Staff working in a facility for custody
to secure departure or custody awaiting deportation
must be able to recognise signs of mental health
problems so that they can call in psychologists or
61
medical professionals if required. The National
Agency also recommends further training courses on
how to carefully handle situations involving persons
who have been ordered to leave the country. This
would help staff to feel safe when dealing with such
detainees, while also teaching them how to act
62
appropriately in potential crisis situations.
2.2.3 – Initial medical examination
An initial medical examination is not carried out in
the Hamburg facility for custody to secure departure.
According to the facility, a doctor can be requested if
57
and when the need arises.
As the detainees are facing imminent deportation,
they find themselves in a difficult situation from a
psychological perspective. This may result in somatic
symptoms and/or an increased risk of self-harm or
suicide attempts. It must be ensured that facilities can
reliably identify signs of physical or mental trauma and
mental disorders, as these may be exacerbated while
the person concerned is held in detention. For this
reason, in its resolution back in 2011, the 114th
German Medical Assembly stated that “sick and
traumatised persons in custody awaiting deportation
should be examined by specially trained doctors at the
58
beginning of their detention”.
59
In addition, a professional interpreter should
always be called upon to assist with initial medical
examinations whenever communication issues arise.
For reasons of confidentiality, translations should not
be performed by other detainees awaiting
deportation. Furthermore, 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
communicated in the other language.
2.2.6 – Visibility of toilets
In the Eichstätt facility for custody awaiting
deportation, the CCTV monitoring in one of the
specially secured cells also covers the toilet area.
It is the view of the National Agency that a CCTV
camera must be installed in such a way that the toilet
area is either not visible on the monitor at all or,
alternatively, is shown in the form of pixelated images.
If deemed necessary in individual cases, it may be
possible to permit unrestricted monitoring of
detainees held in specially secured cells due to an
acute danger of self-harm or suicide. However, any
such decision should be carefully considered,
substantiated and documented. If a toilet area is
indeed covered by CCTV monitoring and is not
pixelated, only persons of the same sex as the detainee
may carry out the monitoring.
2.2.4 – Psychological care
The Hamburg facility for custody to secure
departure does not provide any in-house
psychological care. Where there are indications that
treatment may be necessary, it must therefore be
ensured that a psychologist visits the person in
question without delay.
2.2.7 – CCTV monitoring
CCTV monitoring should only be used in individual
cases where it is imperative to protect the person
concerned. The reasons for CCTV monitoring must
be documented. In addition, the person concerned
must be informed of the monitoring. The mere fact
that the camera is visible is not sufficient. It must be
possible for the person concerned to discern whether
the camera is running.
In the Eichstätt facility for custody awaiting
deportation, discussions with psychologists are
sometimes translated by other detainees awaiting
deportation. For reasons of confidentiality,
translations should always be performed by a
60
professional interpreter.
57
Cf. CPT, General Report 97 (19), para. 82.
German Medical Association (2011), 114th German
Medical Assembly, resolution transcript, p. 125.
59
See chapter II. 1.7 – “Communication during the entire
deportation procedure”.
60
Ibid.
58
61
Cf. CPT/Inf (2015) 30, Luxembourg, para 111; CPT/Inf
(2015) 18, Visit Czech Republic, para 37.
62
Cf. also European Prison Rules no. 77; Council of Europe,
Twenty Guidelines on Forced Return, no. 10.3.
44
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