VISITS BY THE
JOINT COMMISSION
Response: Despite the structural difficulties relating to
the building, the Joint Commission’s suggestion that at least
one shower per shower room be fitted with a partition is
being examined.
The Joint Commission was informed that there
were still no concrete plans to relocate the facility to a
more suitable property. It would like to point out
once more that it regards the current property as little
suited to enforcing custody pending deportation. This
is, not least, due to the fact that, contrary to the
recommendations of the CPT, the carceral
environment due to the facility’s previous use as a
prison cannot be denied.
The Joint Commission noted that the facility still
does not conduct a routine physical examination upon
admission. The Joint Commission deems it necessary
for each detainee to be subject to a medical
examination after being admitted. The doctor should
have specific training in diagnosing trauma and other
mental illnesses. The investigation of possible trauma
and/or other mental illnesses should always be part of
this medical examination. This corresponds to the
resolution adopted at the 114th German Medical
24
Assembly. Attention should also be paid to involving
a professional interpreter when there are problems
communicating with the doctor. For reasons of
confidentiality, using other detainees as interpreters is
not appropriate.
Response: As regards the medical examination, it was
already noted in the last statement that in principle each
detainee is presented to the detention facility’s medical
service upon admission or following a failed deportation in
order to establish his or her state of health and to draw on
the services of a doctor where the need arises. Further, the
Senate Department is of the opinion that a routine medical
and psychological examination upon admission cannot be
conducted out of respect for the dignity of the those concerned
and on account of a lack of a legal basis therefor.
encountered in the facility. On account of the very
good staffing levels, detainees can spend periods
outdoors several times per day, in summer until 9 pm.
Detainees may themselves decide how much time
they wish to spend outside. Visiting hours are also
very generous, and visits are not restricted (4 to 5
hours is sometimes possible). Visitors can be received
between 7 am and 7 pm every day of the year.
Unlocking times in the detention facility are
generous, and detention rooms are only locked during
shift change-overs. Detainees awaiting deportation as
well as the chaplains are free to move around their
landings. Detainees can eat meals together in each of
the landings. In view of the low occupancy rates, it is
possible to have smoking and non-smoking landings,
which is expressly welcomed in the interests of
protecting non-smokers.
The Joint Commission would like to praise the
accompanying use of pictogrammes when providing
detainees with information. These were created on
the initiative of the staff in the facility. The homemade pictogrammes are used to illustrate
organisational procedures when detainees arrive in the
facility, for example.
1.4.2 – Recommendations of the Joint
Commission and response of the Berlin Senate
Department for the Interior and Sports
The detention rooms are still inadequately and
sparsely furnished and do not have a homely
atmosphere. The beds still do not have a slatted frame
but merely comprise a plank of wood and a mattress.
Chairs were available neither in the common room
used by the male nor in that used by the female
detainees awaiting deportation. This fact had already
been criticised in the report dated 17 June 2011.
Response: The shortcomings which currently exist in the
facility and which result from the nature of the building
will not be remedied until custody pending deportation as a
whole has been reorganised. Possible alternatives are still
being investigated.
The communal showers still do not have any
partitions to protect detainees’ privacy. The Joint
Commission notes that no changes have been made,
despite the recommendation expressed in the report
dated 17 June 2011 and the criticism raised by the CPT
in 1997. In a statement issued on 10 August 2011 the
Senate Department for the Interior and Sports stated
that it was not possible to separate off the individual
showers because space in the shower room was very
limited. The Joint Commission would like to point
out that despite the structural conditions at least one
shower per shower room could be partitioned off to
give detainees privacy if they wish it.
1.4.3 – Further suggestions by the Joint
Commission for improving the conditions of
detention and response of the Berlin Senate
Department for the Interior and Sports
One-to-one meetings with the detainees revealed
that they do not feel that they were given sufficient
information regarding the different meals available
(vegetarian, no pork, no beef). Especially in view of
ethnic and religious diversity it is important to inform
detainees in a manner they can understand. The Joint
Commission recommends improving the level of
communication in this regard.
24
German Medical Association (2011), 114th German Medical
Assembly, Resolution, p. 125
55
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