PRE-DEPORTATION DETENTION FACILITIES
Mühldorf Prison as an “inadequate visiting area”. In
addition to creating a more friendly atmosphere and
removing the partition walls, it should be ensured that
detainees awaiting deportation and their visitors are
given a certain amount of privacy during visits. The
solution provided for in the Strategy for Transforming
Mühldorf Prison is that mobile office cabins are to be
set up in the prison farmyard. Rooms could then be
made available to the specialist services and nongovernmental organisations, which have so far not had
sufficient office space.
At the moment, male detainees awaiting deportation have neither a common room nor a communal
kitchen on their landings. According to the Strategy
for Transforming Mühldorf Prison, both a common
room and a communal kitchen with refrigerators are
to be installed in the cellar for detainees awaiting
deportation to use. Computers are to be set up in the
corner of the common room.
The Joint Commission would like to make recommendations regarding the following issues which are
not addressed in the Strategy for Transforming
Mühldorf Prison:
The delegation was informed during its visit that a
doctor visits the facility once a week to provide medical care to detainees awaiting deportation. The doctor
was responsible for examining detainees on admission,
it was told. He can also be called in at any time, if
required. Further, it was reported that no interpreter
was generally called in during the medical exam. Given
the facility’s rural location, it was not easy to get interpreters. Whenever required, though, an interpreter
was called in, the Commission was told.
The initial examination should be done as soon as
possible after admission to Mühldorf Prison. The fact
that, in extreme cases, it is not done until a week after
detainees have been admitted is also worrying given
the need to identify traumatisation and other mental
disorders. Detention should not be detrimental to the
health of detainees awaiting deportation. Where
people are already traumatised, however, detention
will generally lead to their health deteriorating. That is
why any signs indicating that a person may be traumatised must be reliably identified upon admission to
detention. Only professionals with the relevant training will be able to do this. The Joint Commission
therefore recommends carrying out the initial medical
examination as soon as possible, examining whether
staff employed need to undergo specialist training in
regard to trauma and arranging for the relevant
measures to be implemented. An interpreter should
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always be called in where language problems arise.
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Response: The initial medical examination is done at the
earliest on the day on which a detainee is admitted and six
days after admission at the latest. Where those providing
close supervision, namely general prison staff, social workers, representatives of refugee aid services and private volunteers, already notice signs before the initial medical examination is done of an acute need for action, these are immediately followed up by consulting the duty or on-call doctor or
by describing the situation to a local doctor or an external
hospital. As regards mental or psychological illnesses, reference is here made to the close cooperation with the Inn
Salzach Clinic (which specialises in psychiatry, psychotherapy, psychosomatic medicine and neurology). In addition, a
psychologist employed by Landshut Prison is available in
acute cases. It is currently being examined whether an additional member of staff could be hired (i.e. a psychologist who
would be on hand in the facility) also and especially so as to
be able to diagnose mental illnesses which are not readily
discernible at an early stage.
External interpreters should always be called in where
necessary to aid communication. However, especially in
urgent cases and when detainees awaiting deportation are
admitted at short notice, this requirement comes up against
practical limits. This applies all the more given that interpreters for less common languages are generally not resident
in Mühldorf am Inn, and that they would have to travel
quite considerable distances, that is if they are actually
available in the first place.
The Joint Commission is aware that Mühldorf Prison’s location makes cooperation with interpreters
difficult. However, access to interpreters is essential
to facilitate communication with detainees awaiting
deportation. That is why the Joint Commission would
like to suggest that Mühldorf am Inn Prison’s locational disadvantage be taken into account when considering how custody pending deportation is to be
organised in future in Bavaria.
Response: In a second response the Ministry explained
that discussions on how custody pending deportation is to be
organised in Bavaria in the future have not yet been concluded. When the relevant decision is taken, Mühldorf am
Inn Prison’s locational disadvantage when it comes to calling in interpreters at short notice will be taken into consideration as one of the aspects raised by the Joint Commission.
Mühldorf Prison has one specially secured room.
It has two CCTV cameras, which means the entire
room, including the toilet, is visible from the outside.
Providing persons deprived of their liberty with
humane conditions of detention also requires that
measures be taken to protect their private and intimate sphere. This also applies when they are placed in
a specially secured room. Here, too, privacy must be
guaranteed by means of the corresponding measures
when detainees are going to the toilet, such as partial
pixellation of the image. If need be, it may be conceiv-
cf. National Agency, Annual Report 2013, p. 24
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