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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