PRE-DEPORTATION DETENTION FACILITIES can pay for their cleaning, mending and regular replacement, is also guaranteed in Mühldorf am Inn Prison (PreDeportation Detention Facility). However, detainees are often prevented from wearing their own clothes because they are unwilling themselves to carry the associated costs, which in accordance with the prevailing provisions is the precondition for the entitlement. They generally use the money they have at their disposal to pay for additional food, drinks and tobacco. The Joint Commission is pleased to note that detainees awaiting deportation in Mühldorf Prison have the option of wearing their own clothing. Experience gained visiting other pre-deportation detention facilities has shown that being able to wear one’s own clothes is standard practice across Germany. The Joint Commission therefore asks the facility to examine whether cheaper or free means of cleaning own clothes (as are available in other pre-deportation detention facilities) can be provided; a washing machine is already available. Response: In a second response the Ministry stated that the option of wearing own clothing was generally not only not taken up on account of the issue of detainees having to pay for their clothes to be cleaned, but often also because detainees simply lack a change of clothes. However, the washing machine which is already available already ensures that the clothes detainees are wearing when they arrive in the facility can be washed at the facility’s expense. This means that detainees have fresh and clean clothing to wear on release. Under the expansion programme, however, additional washing machines are to be acquired, as per the Joint Commission’s suggestion, and functional rooms are to be set up to enable detainees awaiting deportation to wash their own clothes, in so far as they have a change of clothing. In a letter dated 18 November 2013 the Bavarian State Ministry of Justice informed the Joint Commission, amongst other things, that the following changes had been made to the Prison Scheme of Execution of the Free State of Bavaria: “When Mühldorf am Inn Prison (Pre-Deportation Detention Facility) is overcrowded, the pre-deportation detention unit in Nuremberg Prison will take on responsibility for male detainees awaiting deportation.” In accordance with the judgments of the European Court of Justice referred to in the above, accommodating detainees awaiting deportation in a prison violates the EU Return Directive. Placing such detainees in penal detention facilities is only permitted in “emergency situations” as defined in Article 18 of the Return Directive. The Joint Commission suggests, in the event of overcrowding, considering cooperating with other Länder in order to guarantee that detainees awaiting deportation are detained in a separate pre-deportation detention facility. Response: In its judgment of 17 July 2014 (Joined Cases C-473/17 and C-514/13) the European Court of Justice ruled that illegally staying third-country nationals must as a matter of principle be placed in specialised detention facilities even when the Member State has a federal structure and the federal structure responsible under national law for ordering and enforcing custody pending deportation does not have such a detention facility. That is why the Prison Scheme of Execution of the Free State of Bavaria had already been amended with immediate effect by letter dated 21 July 2014. Nuremberg Prison’s mandate, in cases of overcrowding in Mühldorf am Inn Prison (Pre-Deportation Detention Facility), was revoked. Since that date the facility in Mühldorf has had sole responsibility for enforcing custody pending deportation in Bavaria. There have so far been no cases of overcrowding. Naturally, though, if this situation did arise, consideration would be given (as suggested by the Joint Commission) to cooperating with other Länder. According to the Strategy for Transforming Mühldorf Prison, a telephone room is to be set up in the cellar. Detainees will then be able to request authorisation to make calls. The Joint Commission suggests reconsidering the need for a restrictive application procedure. Detainees awaiting deportation should only be subject to those restrictions which serve to safeguard their deportation. Telephones should be freely accessible in order that detainees can maintain or establish contact with their families and home countries and to facilitate their return. Further, some pre-deportation detention facilities permit detainees to use their own mobile phones. Response: In so far as detainees have mobile phones on them in rare individual cases upon admission, they are not permitted access to them whilst they are in the facility. However, detainees are permitted regular access to a landline so that they can also make international calls. These calls currently still have to be made via the facility’s phone exchange. This is necessary in order to allocate the still limited capacities fairly amongst the detainees. The facility is sticking to its plan of creating a separate telephone room for detainees. The relevant preparatory measures have already been initiated. 5.2.3 – Büren Prison, Pre-Deportation Detention Unit, 18 September 2013 The Joint Commission visited Büren Prison on 18 September 2013. The prison has a capacity of 513, including for up to 151 sentenced prisoners. The facility is responsible for enforcing pre-deportation detention, terms of imprisonment of up to three months and substitute prison sentences. The Pre-Deportation Detention Unit can accommodate 320 male and 42 female detainees awaiting 61