1.2.4 – Deportations from educational
institutions, healthcare or care facilities
procedure itself, and may require translation. If the
persons concerned are not able to communicate, their
anxieties may be heightened, which can in turn lead to
resistance.
It must be possible for persons about to be deported
to communicate with the responsible officers during
the entire deportation procedure. The written
information on the person’s rights and the schedule of
the deportation cannot replace the service of an
47
interpreter .
The National Agency received reports that persons
were collected for deportation from schools and
hospitals. In such facilities, it is important that the
persons concerned feel safe, otherwise the facilities
are unable to fulfil their essential purpose. Added to
this, the threat of deportation from such facilities
could mean that the persons concerned might avoid
them out of fear of being deported. For these reasons,
the responsible authorities in Berlin, MecklenburgWestern Pomerania and Thuringia generally do not
conduct deportation procedures from such facilities.
As a rule, deportations should not be carried out
from hospitals, schools or daycare facilities.
1.2.8 – Luggage
The National Agency observed many cases where
persons awaiting deportation were apprehended
outside of their accommodation and brought straight
to the airport, with no opportunity to pack their
luggage. The National Agency also observed the
deportation of a family with children where nobody
was responsible for the children's luggage, with the
result that not even nappies or food had been packed
for one of the children. The National Agency was
repeatedly assured that the luggage would be
forwarded. It therefore requested in its reports to
receive confirmation of this once carried out.
However, despite assurances by the authorities that
such confirmation would be received, this only
happened in one of the cases observed.
To ensure a dignified return, the person concerned
should at least be given the opportunity to pack
48
whatever personal belongings they need.
Deportation procedures should not lead to the person
concerned losing their personal belongings.
Every person awaiting deportation must be given
the opportunity – taking into account all relevant
circumstances – to pack personal belongings. Steps
must be taken to ensure, without exception, that the
person being deported is dressed appropriately for the
procedure and for the country of destination, and that
identity documents, necessary medication, provisions
for children, and any necessary medical aids (e.g.
glasses) can be packed. One of the staff-members
carrying out the deportation should be responsible for
ensuring that luggage is also packed for children facing
deportation.
The National Agency observed a deportation during
which a lady suffered from involuntary incontinence.
The same woman was also not wearing any shoes
during the procedure. Deporting people in clothing
they have involuntarily urinated in is inhumane and
degrading.
1.2.5 – Consideration for children and sick
persons
When deportations are to be carried out, special
consideration must be given to the needs of children
and sick persons, and suitable care should be provided.
1.2.6 – Information on the deportation
procedure
Written information on the deportation procedure
and the rights of the persons concerned is rarely
provided. However, such information could help to
reduce the stress experienced and the potential for
46
resistance amongst deportees.
Information on the deportation procedure must be
provided to persons about to be deported – at the
time
of
the
collection
–
immediately,
comprehensively, in writing and in a language they
understand. This information leaflet should include
the following:
The schedule of the deportation including
flight times;
Information on luggage;
Rights during the deportation procedure.
1.2.7 – Communication during the entire
deportation procedure
During most of the deportation procedures
observed by the National Agency, interpreters were
only available at the airport, even though there had
already been communication difficulties at earlier
stages.
It should be borne in mind that persons facing
deportation may have a wide range of questions during
the procedure, often concerning issues beyond the
47
See Chapter II. 1.7 – “Communication during the entire
deportation procedure”.
48
Council of Europe, Twenty Guidelines on Forced Return,
September 2005, Guideline no. 15, p. 44.
46
CPT/Inf (2003) margin no. 41. See also CPT/Inf (2016) 35,
margin no. 17. Council of Europe, Twenty Guidelines on
Forced Return, September 2005, Guideline no. 4, p. 18.
40
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