VISITS BY THE FEDERAL AGENCY
urgently recommended that Weilheim Federal Police
Station make an additional, separate toilet available.
The Federal Ministry of the Interior reported that
an organisational audit of the Federal Police was currently being carried out, in the context of which staffing levels and, where applicable, room capacity in the
police stations concerned were being examined. Account will also be taken of the need for a separate
toilet to be installed. However, the audit will not be
completed until late 2015, the Ministry reported. Due
to the urgency of the problem, to which the Federal
Agency again made reference, the staff toilet in
Weilheim Federal Police Station will now also be
made available to detainees.
states. Agreement has been reached with Frontex that
the national preventive mechanism of the state organising a particular measure may accompany the relevant
flights. Frontex carries the costs of accompanying
these flights. However, a measure planned for late
October 2014 fell through on account of the fact that
Federal Police Headquarters was not able to guarantee that seats would be available on the flight for the
Federal Agency’s staff. When it was still unclear the
day before the measure was to be carried out whether
the Federal Agency would be able to accompany the
flight, the Agency decided to call off the escort. The
Federal Agency and the Federal Ministry of the Interior will be holding meetings on this matter too.
1.1.2 – Accompanying return flights
1.2 – CUSTOMS OFFICES
In the period under review the Federal Agency was
unable to accompany any forced returns. However, it
was present when one person was brought in for an
unaccompanied specific measure taking them from
Berlin-Tegel Airport to Lagos. No fault was found
with this procedure. However, it was noted that the
toilet door in the custody area at Berlin-Tegel Airport
Federal Police District Office has a peephole. The
Federal Agency made the aforementioned recommendation.
How accompanied forced returns are to be organised is still a matter for discussion between the Federal
Agency and the Federal Ministry of the Interior. As
previously agreed, the Federal Agency is informed of
upcoming collective returns by Federal Police Headquarters. It is notified of individual measures, upon
request, for a specific period for a specific airport in
Germany. In the period under review the Federal
Agency was notified of 39 measures carried out on
charter flights. Seven of these were Frontex measures
organised by the German authorities and 10 were
national measures carried out on charter flights. The
remaining flights were Frontex measures which were
organised by other states and in which the German
authorities were involved.
Opinions differ as regards the financing of accompanied national forced returns. The Federal Ministry
of the Interior believes that the accompanying of
forced returns by the Federal Agency does not necessarily fall within its range of tasks under the OPCAT.
It enables the Federal Agency to accompany national
measures on condition that the Federal Agency itself
covers any costs arising. The Federal Agency, by contrast, is of the opinion that it should be provided with
the funding it needs to carry out its tasks. Further
meetings regarding this matter will be held in 2015.
The European Border Agency (Frontex) coordinates
forced return measures involving various European
The Federal Agency visited three offices of the customs authorities: Stuttgart Customs Investigation
Office, plus its Joint Narcotics Investigation Group,
and the Pomellen Office of Berlin-Brandenburg Customs Investigation Office.
The customs authorities detain considerably fewer
people in custody than the Federal Police do. In 2012
and 2013 a total of 52 people were detained in custody
by Stuttgart Customs Investigation Office; three had
been detained in Pomellen in 2013, and one person
had been detained in custody up to 18 September
2014.
As was the case in many Federal Police stations, the
doors to the custody cells in the customs investigation
offices also had peepholes. The Federal Agency regarded this as particularly questionable when it came
to the rooms of the Joint Narcotics Investigation
Group, because the toilet was in the room and was
thus in full view of anyone looking through the peephole. It made the same recommendations as described
in the above in respect of the Federal Police. The
Federal Ministry of Finance accepted these recommendations and agreed to take the necessary steps to
remedy the situation. In addition, the doors to custody cells are to have windows rather than peepholes
fitted when structural measures are carried out in
future.
In previous years the Federal Agency has already
recommended that custody record books be introduced in custody suites operated by the Customs
Service. These books were found in all the customs
investigation offices visited in the period under review. Nonetheless, the entries made in the record
books were not always complete, for instance checking times or the name of the officer carrying out the
check were sometimes missing. The Federal Agency
therefore made the relevant recommendations. The
Federal Ministry of Finance stated that officers would
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