A supply of basic hygiene products and sufficient clothing should be kept at the airport and issued as necessary. statements by the officers, there were no security concerns over mobile phones at the airport. This practice made the experience less stressful, the officers reported, and therefore helped deescalate the situation. Mobile phones must be confiscated during a deportation procedure only if this is deemed necessary in substantiated individual cases. If circumstances no longer require the confiscation of mobile phones, they must be returned to their owner. Before a mobile phone is confiscated, the person being deported must be given the opportunity to write down important phone numbers. 1.2.9 – Effective legal protection and access to a lawyer Any unsettled legal questions should be resolved before deportation. The ability to contact a lawyer during the deportation procedure is an important safeguard to protect deportees from unlawful 49 treatment. Where an application has been submitted during deportation procedures for a temporary suspension of deportation, the procedures must be halted until a 50 decision is issued. During the deportation procedure, persons awaiting deportation must be allowed to contact legal counsel. Such contact must be made possible at the beginning of the deportation procedure so that any necessary legal measures can be taken in due time. In case the person concerned has so far had no contact with a lawyer, they must be given contact details for emergency legal services. 1.2.12 – Respect for the best interests of children Article 3 para. 1 of the Convention on the Rights of the Child provides that, in all actions concerning children, the best interests of the child shall be a primary consideration. As a rule, families are to be deported jointly. Children should not be shackled. Parents should not be shackled in the presence of their children. If children are deported, there should always be one person who is tasked exclusively with ensuring the child's best interests are respected during the deportation procedure. Suitable facilities to keep children occupied should be available at the airport. 1.2.10 – Telephone conversations with relatives In general, the opportunity to contact relatives during deportation helps to make the situation less 51 stressful. Any person awaiting deportation should be given the opportunity to contact his/her relatives. 1.2.13 – Meals The National Agency only observed charter operations, i.e. deportations in which persons are deported separately from public air transport. During these operations, sufficient food and drinks are usually available at the airport for the persons being deported. The National Agency observed that food is generally not provided during transport from the place of residence to the airport. However, it should be borne in mind that most journeys to the airport begin with no prior notification in the early morning hours, and can take several hours. Sufficient amounts of food and drink must be available during the entire deportation procedure. 1.2.11 – Mobile phones In most of the deportation procedures observed, the National Agency saw that it was routine practice to confiscate mobile phones from persons being deported for the entire duration of the procedure. According to statements by the Bavarian Land Police, one of the reasons for this is to prevent third parties from being informed of the procedure, which could prevent or endanger the operations. During deportation procedures from Munich Airport, the National Agency observed how Federal Police officers returned mobile phones to all persons being deported once having arrived at the airport. Only shortly before boarding and for the duration of the flight were they required to hand the phones over again. According to 1.2.14 – Health and safety measures, and medical attention The National Agency observed a deportation procedure in which at least one of the persons being deported suffered from a psychological disturbance. The accompanying physician was a general practitioner. If medical care is required during deportation procedures, the professional chosen should have sufficient expertise. 49 APT (“Association for the Prevention of Torture”), “Legal Safeguards to Prevent Torture – The Right of Access to Lawyers for Persons Deprived of Liberty”, p. 16. 50 Regulations to this effect exist in Brandenburg (no. 6.9.6. of the Organisational Decree of the Ministry of the Interior on the Implementation of the Asylum Procedure Act in Brandenburg of 6 March 1997), Berlin, North Rhine Westphalia, Saxony-Anhalt and Schleswig-Holstein. 51 CPT/Inf (2016) 35, margin no. 23. 41

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