VISITS BY THE JOINT COMMISSION 5.2.2 – Mühldorf am Inn Prison, 27 May 2014 Federal Court of Justice which had in the meantime been issued, the State Ministry of the Interior, for Building and Transport, which had originally been responsible for framing the enforcement of pre-deportation detention, and the State Ministry of Justice, which is currently enforcing custody pending deportation on the basis of an administrative agreement, are cooperating closely on examining how pre-deportation detention is to be enforced in future. Until a decision has been taken, Mühldorf am Inn Prison (PreDeportation Detention Facility) will be retaining its provisional character. In consequence, it will not be possible to make all the improvements to the conditions of detention at short notice which the Ministry deems desirable. Nevertheless, measures to improve the conditions of detention have been taken. For instance, a central refectory has been set up in the former workshop and opportunities to engage in sports have been created. Office space has been created for the specialist services and external support staff. A common room has been set up for female detainees awaiting deportation and a washing machine made available to them. There are plans to carry out building measures in 2015 to improve fire safety. Other building measures are also planned (e.g. creating additional office space, fitting a kitchen, and setting up a telephone and internet room as well as a common room). The total costs of these building measures is estimated to be some EUR 660,000. A delegation of the Joint Commission visited Mühldorf am Inn Prison (Pre-Deportation Detention Facility) on 27 May 2014. Mühldorf Prison is, for the time being, responsible for enforcing custody pending deportation against all adult detainees in Bavaria. It can hold up to a total of 68 men and 14 women. So far, however, the men’s unit can only hold half that number due to the fact that the staff who have been recruited are not yet sufficiently trained. At the time of the visit 28 male detainees and one female detainee awaiting deportation were being held in the facility. The delegation visited the unit for male detainees awaiting deportation, the unit for female detainees awaiting deportation, the specially secured room, a disciplinary detention room, the former workshop (which now serves as the refectory and sports area), the kiosk, the visiting room and the cellar, where there are plans to install new common rooms for the male detainees. The delegation also spoke with several detainees awaiting deportation and with a representative of the Jesuit Refugee Service. Up until November 2013, Mühldorf Prison was responsible for holding those serving their first prison sentence. Detainees awaiting deportation in Bavaria had previously been placed in units in various prisons. 59 On account of recent court decisions, it was decided at very short notice to temporarily place all detainees awaiting deportation in Bavaria in Mühldorf Prison and to await the pending decision of the European Court of Justice in regard to the principle of keeping detainees awaiting deportation and prisoners separate. The European Court of Justice issued its decision on 17 June 2014, ruling that, based on the wording of the Return Directive, illegally staying third-country nationals must as a matter of principle be detained in specialist detention facilities for the purpose of their deportation, regardless of the national federal struc60 tures. Against this background the Joint Commission asked to be notified by the Bavarian State Ministry of Justice whether Mühldorf Prison would be turned into a pre-deportation detention facility on a permanent basis or whether there were plans to implement custody pending deportation in another facility as a result of the judgment. Response: The Ministry first pointed out that, in light of the decisions of the European Court of Justice and of the Recommendations and response At the time of the visit Mühldorf Prison was in the process of being converted from a penal detention facility into solely a pre-deportation detention facility. Both the head of the facility and members of staff are doing their best to adapt to the new situation. The Bavarian State Ministry of Justice pointed out in its response to the Joint Commission’s report fol61 lowing its visit to Nuremberg Prison that detainees awaiting deportation are entitled to conditions of detention which differ significantly from those of sentenced prisoners. Mühldorf Prison did not yet meet these requirements at the time of the visit. However, the head of the facility gave the Joint Commission the Strategy for Transforming Mühldorf Prison into a Facility for the Enforcement of PreDeportation Detention in the Free State of Bavaria, which sets out what changes are to be made in the facility. The Joint Commission will therefore not be making any recommendations here regarding the planned changes, but will merely address the relevant areas in brief: The visiting area in Mühldorf Prison comprises a small, sparsely furnished room. It has a small number of connected tables plus partition walls. The room is likewise described in the Strategy for Transforming 59 see, e.g., Nuremberg-Fürth Regional Court, order of 25 September 2013, file no. 18 T 8112/13 60 Judgments in Joined Cases C-473/13 and C 514/13 and in Case C 474/13 61 58 see p. 43 et seqq. above