VISITS BY THE JOINT COMMISSION
administrative assistance for the Ministry of the Interior. The Langenhagen Unit is also responsible for
enforcing short terms of imprisonment and substitute
prison sentences. The facility can hold a total of 22
male and six female detainees awaiting deportation.
At the time of the visit the facility had only seven male
detainees in custody pending deportation.
In February 2014 the Ministry of Justice of Lower
Saxony informed the Joint Commission, as a preliminary result, that the Langenhagen Unit has since 1
January 2014 been responsible solely for enforcing
custody pending deportation. The male sentenced
prisoners who had latterly been accommodated in the
unit had since been moved to the main facility in
Hanover Prison. Further, a working group comprising
members of staff in Hanover Prison, led by the head
of the facility, is currently drafting a recommendation
for reorganising the enforcement of custody pending
deportation which will then be discussed and, if necessary, developed further with external people and
groups in the context of a round table.
In May 2014 the Ministry of Justice of Lower Saxony informed the National Agency of the outcome of
the round table, which had in the meantime taken
place. Representatives of the refugee council, the
Catholic aid organisation Caritas, the churches, Hanover Local Court and the ministries of the interior and
of justice had taken part. The results are outlined in
the following.
with other Länder, sound out how the conditions of
detention could be made more suitable in future.
The National Agency suggests improving the detainees’ situation in custody pending deportation by
taking suitable measures, for example bringing in a
social worker or stepping up cooperation with volunteers or volunteer associations.
Response: Times which detainees can spend outside have
been extended to two hours each morning and two hours
each afternoon; sports and leisure-time activities run by fulltime staff are available at these times. The aim is to counter
the detainees’ tendency to withdraw into their rooms.
Female detainees are kept in a separate unit in the
prison. According to the head of the institution,
sometimes only one woman is held there. At the time
of the visit there were no women in custody pending
deportation. The documents shown to the Joint
Commission indicate that the number of women
being detained in custody pending deportation has
steadily dropped. So far in 2013 only four women have
been held in custody pending deportation. This can
prove a problem. The detention of individual females
who do not have the opportunity to talk to other
women is tantamount to solitary confinement. The
Joint Commission therefore recommends ensuring
that women are not kept alone in custody pending
deportation, for example by cooperating with other
Länder.
Response: After the necessary building measures have
been completed, women will in future be accommodated in
the Hildesheim Unit of Vechta Prison, which is responsible
for adult women.
In the Joint Commission’s view language barriers
might also be contributing to the detainees’ situation.
This became especially clear during the private meetings members of the Joint Commission held with
detainees. Detainees have different linguistic and
cultural backgrounds and that may be why they cannot find any common ground. This is exacerbated by
the steady drop in occupancy rates. Staff are also
unable to alleviate the situation, since they themselves
do not have the necessary language skills. In addition,
communication problems easily arise between the
detainees awaiting deportation and members of staff.
The CPT standards also emphasise that staff have a
key role to play in dealings with detainees awaiting
66
deportation. According to the CPT, staff must be
carefully selected and given appropriate training in
order to be able to deal with interpersonal and intercultural problems. Further, they need the relevant
language skills.
An external interpreter is involved where necessary
in the admission meetings as well as medical examina-
Recommendations and response
During its visit the delegation found that most of
the detainees awaiting deportation were in their
rooms. The majority of them gave the impression of
being quite apathetic. Staff confirmed that they often
neither went outside during yard exercise times nor
engaged in any sports or recreational activities. There
are also no employment opportunities, a fact the
detainees criticised in their meetings with the Joint
Commission.
The Joint Commission regrets that the detainees
make limited use of what is on offer to them. One
possible reason might be the fact that due to the facility’s low occupancy rates the detainees hardly communicate with each other. Average occupancy rates
have dropped from 27.48 in 2010 to 8.6 so far in 2013.
Communication with other detainees and staff is
difficult due to language barriers.
Specialised facilities with higher occupancy rates
could offer detainees awaiting deportation more activities. In addition, it would be easier for detainees to
get into contact with other detainees, to share their
experiences and engage in recreational activities together. In the long term, the Ministry of Justice of
Lower Saxony should, therefore, possibly together
66
64
CPT/Inf/E (2002) 1 - Rev. 2010, p. 63
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