PRE-DEPORTATION DETENTION FACILITIES custody pending deportation, since this also stops the principle that detainees awaiting deportation be held 23 separately from prisoners being softened. According to staff at Mannheim Prison, the home affairs authorities do not always make it sufficiently clear to them when detainees awaiting deportation have been separated from their families. Separation from or a lack of information concerning the whereabouts of family members increases the psychological strain on detainees awaiting deportation. For example, the Joint Commission learned about one detainee awaiting deportation who was not told the whereabouts of his pregnant wife. Once it became clear that she was in the Central Reception Centre in Karlsruhe, the Reception Centre denied him telephone contact with her. It should be investigated how the flow of information between the authorities can be improved. Response: The member of staff in the Regional Commissioner’s Office who is responsible for custody pending deportation has had his hours increased by one day, which means he is now present in the facility three days a week. A sufficient flow of information between the prison and the foreigners’ authority is thus guaranteed. The case referred to is likely an exception. Especially in regard to the free hour, lock-up times and the possibility of making telephone calls, the Joint Commission suggests examining whether it is possible to delimit the rules applicable to detainees awaiting deportation more significantly from those applicable to prisoners. Response: In well-founded individual cases exceptions are made as regards using the telephone, so that detainees may phone their relatives up until 9.30 pm at the latest and outside of yard exercise times at the weekend. Visiting times have been relaxed completely. All visitors are admitted without time restrictions. Along with the 1 1/2 hours of daily yard exercise, detainees have recently been given the opportunity to do sports in the courtyard three times a week in the mornings (or in the sports hall or fitness room when the weather is bad). Unlocking times have also been extended, and detention rooms are now unlocked every day at 1 pm. The Pre-Deportation Detention Wing is located in containers, which means it feels like a makeshift solution, and according to staff the containers are suited neither to summer nor winter temperatures. The Joint Commission suggests improving this situation. 1.4 – BERLIN-KÖPENICK PREDEPORTATION DETENTION FACILITY 1.3.3 – Further suggestions by the Joint Commission for improving the conditions of detention and response of the Ministry of Justice of Baden-Württemberg The Joint Commission conducted a follow-up visit to Berlin-Köpenick Pre-Deportation Detention Facility on 26 June 2013. It had previously visited the facility on 8 April 2011 and drawn attention to several shortcomings. The main aim of the follow-up visit was to investigate whether these shortcomings had been remedied. The Joint Commission found that some of the recommendations it made in 2011 have not yet been implemented. The Joint Commission inspected those parts of the facility it had criticised during its initial visit, including the segregation area, the various landings used for male and female detainees awaiting deportation, the sanitary facilities, the visiting area and the admissions area. In addition, the Joint Commission spoke to several detainees awaiting deportation. At the time of the visit the facility was holding 17 male detainees awaiting deportation. There were no female detainees awaiting deportation in the facility. The average time detainees spend in the facility was quoted as 17 days. The advantage of placing detainees awaiting deportation in a prison is that they can make use of the prison infrastructure, in particular the specialist services, the infirmary and sports activities. However, the fact that the Pre-Deportation Detention Wing is attached to the prison also imposes restrictions on their daily routine. For instance, detainees awaiting deportation are not permitted to use mobile phones in the facility. Detainees can use the telephones installed in the facility between 8 am and 4 pm on weekdays and during their 1 1/2 hours of free time at weekends. These times are not conducive to maintaining contact, however, since they fall in normal working hours, which means that relatives who are working are not always able to maintain contact with detainees. In addition, problems can arise when detainees need to contact someone living in another time zone. Visiting hours are also restricted to one hour on weekdays (Mondays to Fridays between 8 am and 11 am). Likewise, it is only possible to use the recreation yard for 1 1/2 hours each day. On weekdays detention rooms are only unlocked between 2.30 pm and 5 pm. Association is possible between 9 am and 11 am. 23 1.4.1 – Positive findings Particular mention should be made of the noticeably good atmosphere which the Joint Commission See II.1.3 above 54

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