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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