PRE-DEPORTATION DETENTION FACILITIES
Detainees are informed of the house rules by means
of notices hung in the common room written in Arabic, English, French and Tamil. The rules also contain
information about detainees’ rights. Some of this
information is handed out when detainees are admitted in the form of a leaflet containing pictogrammes.
The house rules regulate the community life of those
accommodated in the facility and can help to prevent
conflicts arising. As is the case in facilities enforcing
custody pending deportation, these house rules should
therefore be available in various languages based on
the detainees’ most common countries of origin.
Response: Information for those accommodated in the
Reception Centre is available in Arabic, English, French
and Tamil. It thus largely covers the languages spoken by
those accommodated there. In addition, many asylum seekers
themselves speak other languages (e.g. English). There is not
enough space on the walls in the facility to hang up this
information in all the languages which are spoken there.
Also, things would get very confusing as a result. The information is of no significance for the asylum procedure but
was merely designed as additional material to help refugees
find their way around the facility. Experience shows that
most refugees find their bearings when they first arrive in
the facility by other means, for example by talking to staff,
members of the church refugee support group and/ or others
detainees. For the rest, an easily comprehensible general
information sheet with pictures is handed out to each refugee
on arrival.
The Joint Commission then reiterated its stance,
namely that the house rules should be available in
several languages based on the most frequent countries of origin, as is standard practice in predeportation detention facilities, and should be handed
to refugees where required.
identified problems as regards whether a person was
fit to get on an aeroplane, but this information was
not passed on to the Federal Police, who then began
the procedure for returning the persons in question
regardless. It should be examined whether communication between the Land and the federal authorities can be improved.
Response: In the Ministry’s opinion, communication between all the authorities based at the airport works very
well. Identifying physical and mental illnesses and stress is
the responsibility of the registered contract doctor (psychologist and psychiatrist), who is bound by medical confidentiality and takes this very seriously. If the doctor were to allow
himself to be relieved of this professional secrecy and were to
pass on information to other authorities to the disadvantage
or to the advantage of those concerned (e.g. ability to travel
in the case of planned forced returns), this would possibly
violate the principles of data protection, which could,
amongst other things, have criminal law consequences for
the doctor. In such cases, in the opinion of the specialist
departments in the Ministry, the competent lawyers would
have to obtain comprehensive information about the health
of their clients or, if necessary, take the necessary action.
This example clearly shows that some demands made by the
church social service come to nothing and that on occasion
their suggestions indicate a lack of sound legal knowledge.
The Joint Commission thereupon underlined the
fact that information which is key when it comes to
assessing whether someone is fit to get on an aeroplane should at any rate be handed to the Federal
Police doctor who is accompanying the return flight.
As described in the above, the Reception Centre is
well-equipped. However, the head of the facility reported during the visit and the meeting with staff of
the church-run social service also revealed that the
facility cannot offer those accommodated there any
supervised recreational activities. The documents
sent to the Joint Commission after the visit likewise
do not indicate that there are any courses or sports
activities on offer. Especially when people with different cultural backgrounds are accommodated together
it appears important, however, to actively encourage
them to break up their daily routine. The facility
should offer more courses at fixed times during the
week, as otherwise there is a risk that those accommodated there will not take up the opportunities
which are theoretically available and will lapse into
mere ���safe-keeping”.
Response: Various leisure-time activities are available in
the facility and are taken up by the refugees (football
pitch/basketball court, gym, film screenings, painting/arts
and crafts, library, board games and games, children’s playground etc.). German lessons, occasional sports activities and
other games on the sports field are indeed supervised. Often
those accommodated in the Reception Centre themselves take
Further suggestions for improving the
conditions of detention
Women and juveniles can lock the doors to their
rooms. It is not apparent why this opportunity is
denied the men.
Response: For security reasons, lockable rooms are a great
disadvantage in dangerous situations (e.g. suicidal tendencies, arson). That is why the rooms generally do not have
locks. Unaccompanied, underage refugees – like women
travelling alone – must be regarded as in need of particular
protection. That is why they can lock the doors to their
rooms by turning a knob. The security service can open these
doors from the outside using a square-section key. Of course,
this can lead to a loss of valuable time in an emergency. The
need to protect minors and women was weighed up against
practicability in an emergency. It is impossible to find the
best possible solution to this problem in all respects.
The staff of the church social service reported cases
in which the medical and psychological examination
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