PRE-DEPORTATION DETENTION FACILITIES
Legal advice is provided neither by internal nor external experts in the Langenhagen Unit. Once a week
the church-run organisation Rafaelswerk offers detainees awaiting deportation advice regarding forced
returns. However, this primarily serves to assist returnees in reintegrating into their home country.
Detainees awaiting deportation must be able to
draw on legal advice. They should receive support
when it comes to contacting lawyers, for example, or
non-governmental organisations.
The Joint Commission regards the free legal advice
which North Rhine-Westphalia offers to detainees
awaiting deportation at Büren Prison as exemplary. It
is organised by the local lawyers’ associations and is
funded by the Land government.
Response: The internal review into whether existing
budgetary means can be used to provide free legal advice to
detainees awaiting deportation has not yet been completed.
The review being conducted by the Ministry of the Interior
as lead ministry into whether and if so to what extent cooperation could be entered into with other Länder is also still
ongoing.
The toilets are not located in the detention rooms,
but on the landings. After 8 pm detainees first have to
ring a bell so that their door can be unlocked and they
can then go along to the toilet. The Joint Commission
feels this is not ideal. However, according to staff,
depending on the level of occupancy and an assessment of the security situation, doors are not always
locked at night.
According to the European Prison Rules, each prisoner must have access at all times to sanitary facilities
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which are hygienic and protect their privacy.
Response: Detainees awaiting deportation are no longer
locked into their detention rooms at night. Only the doors to
the unit in the stairwell are locked between 7.30 pm and 7.30
am on weekdays and between 6.50 pm and 8 am at weekends. Detainees awaiting deportation are therefore not
prevented from going to the toilet, and do not first have to
ring a bell.
The communal showers do not have partitions to
protect detainees’ privacy. Although, in view of the
low occupancy rates, this does not currently pose a
problem, a practical solution has been found in that
detainees shower individually and at different times of
the day. Nevertheless, the lack of partitions could
become a problem when occupancy rates rise, which is
why the Joint Commission deems it necessary that
partitions be installed.
Response: Partitions have been installed in the communal showers to protect detainees’ privacy.
So far, the facility’s house rules are only available in
German. The visiting delegation was informed that an
tions. However, in other cases, alternative options are
used, for example bringing in other detainees to interpret. This can, however, be detrimental to the confidential nature of these meetings, especially when
personal details are being revealed. External interpreters should therefore always be brought in where
required, both during the admission meeting and the
initial medical examination. Other detainees should at
any rate not be used in this capacity when confidential
or personal information is being shared.
The Joint Commission moreover recommends increasingly allocating people with relevant language
skills to work in this unit. Staff with different linguistic, cultural or ethnic backgrounds might have a positive influence especially when it comes to communicating with detainees awaiting deportation. Büren
Prison serves as an example: Firstly, Büren Prison
allocates prison staff with various linguistic skills.
Secondly, European Homecare provides various services, and the company employs people with different
backgrounds. The Joint Commission gained the impression that this linguistic and cultural diversity has a
positive impact on the atmosphere in the facility.
Response: The Ministry does not feel the need to take any
action as regards the linguistic qualifications of staff employed in the Langenhagen Unit. Staff speak the following
languages: Arabic, Bosnian, English, French, Italian, Croatian, Polish, Russian, Serbian, Spanish and Turkish. Particular attention is paid when recruiting new staff to their
linguistic, cultural and ethnic background. The Ministry
thus shares the Joint Commission’s opinion that this has a
very positive impact on the atmosphere in the facility.
The Joint Commission had the impression that the
range of training courses available to staff working in
custody pending deportation could be expanded. For
example, there is no training course which deals with
intercultural skills or identifying traumatisation.
However, staff have a key role to play in spotting
problems, since it is they who experience detainees on
a day-to-day basis. Staff should also be able to recognise the signs of trauma and to call in psychiatric or
psychological help.
Response: Based on the recommendation that staff should
undergo training, an event for staff in all civil service grades
has been included in the 2015 training and development plan
in order to improve intercultural skills for dealing with
detainees.
The Langenhagen Unit has two specially secured
rooms which are camera-monitored. They each have a
squat toilet. The Joint Commission welcomes the fact
that the toilet is only visible on screen in pixellated
form. However, the toilets are in full view through a
peephole. This seems inconsistent.
Response: The peephole in the specially secured room has
been rendered unusable.
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Council of Europe, Recommendation CM/Rec(2006)2, No. 19.3
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