VISITS BY THE JOINT COMMISSION This is little suited to accommodating detainees awaiting deportation. The accommodation is spread across three floors which are linked by means of staircases. The detention rooms themselves are bare and at most functionally furnished. Sanitary facilities are integrated into each detention room, but have no separate ventilation and are separated off only by means of a moveable partition. The floor area of a room measured during the visit was 7.67 m2. However, documents indicate that considerably smaller rooms with a floor area measuring only 5.96 m2 are also used. Deducting the sanitary area from the usable space, detainees have hardly any room to move around in. According to the head of the institution, most of the double-occupancy rooms are only used to accommodate one person. The deficits in terms of the size of the detention rooms is not compensated by the fact that the facility grants detainees relatively long unlocking times, namely between 7.30 am and 8.30 pm (rooms are only locked for a short time when meals are distributed at lunchtime and in the evenings). The facility has only a few other rooms which detainees can use (e.g. common rooms). During the visit the detainees also spent most of the time standing in the corridors or on the stairs. This leads to levels of noise which are stressful both for detainees and staff. The head of the institution is also aware of the problem and has already arranged for sound-protection measures to be taken. The Joint Commission regards the conditions as little suited to enforcing custody pending deportation. Thus, when allocating detainees to the detention rooms, attention should be paid to allocating them to those rooms which have the largest floor space. Response: First, the detention rooms are allocated according to how people of different nationalities but the same cultural and religious background can be grouped together in the wing. Account is also taken of the size of the detention room and detainees’ wishes. Rendsburg Pre-Deportation Detention Facility has several so-called observation rooms as well as a specially secured room. One of the observation rooms and the specially secured room, including the toilet area, are visible through a peephole. According to Article 16 of the UN Convention against Torture, States Party must prevent acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in Article 1. Not observing the privacy of persons detained in custody can constitute inhuman or degrading treatment. It can also be derived from Article 1 para. 1 of the Basic Law that the privacy of a person performing bodily needs must be guaranteed. On the occasion of its visits the CPT has repeatedly emphasised that privacy must be guaranteed when a person is using the toilet or washing themselves. This also applies to so-called high-security cells, which are comparable to observation rooms or specially secured 36 rooms, for instance. Sanitary facilities must at least 37 be partially screened off. The National Agency shares this view. A decision on whether deviations are possible where there is a great risk of self-harm or suicide can only be taken after carefully examining each individual case. Such decisions must be documented. The grounds for the placement must be documented on the form (Annex 9) used to order special security measures. A distinction is also drawn between the different types of detention rooms. Happily, according to the submitted documents, the facility only very rarely places detainees in the specially secured room or in one of the observation rooms. Placement in the specially secured room was only ordered twice in 2013 following special incidents. Placement in observation rooms (both with screenedoff and not screened-off sanitary facilities) was ordered on 11 occasions in 2013. Response: Three out of the four available observation rooms are fitted with the sanitary facilities which are customary in a facility enforcing custody pending deportation, including a screened-off sanitary area. In contrast to general standards, the other observation room has a solidly built bed with a mattress and a sanitary area with a toilet and stainless steel washing stand which are not screened off. This room is used to accommodate those who have already harmed themselves or have announced that they intend to harm themselves. These orders are documented on a special form, citing grounds. The detainees have limited opportunities for engaging in activities outside of their detention rooms. They can use a recently installed prayer room, a sports room, a table tennis table and a table football. They are not offered any means of employment. They cannot prepare their own meals. The facility has a sports yard on which various sports are also offered under instruction. However, the provincial advisory council’s annual report 2012 shows that these courses are often cancelled due to a shortage of staff. Courses offered by volunteers who regularly visit the facility, as well as a conversation and a painting class which are offered once a week break up the daily routine. Nevertheless, the range of recreational and purposeful activities should be extended, particularly in view of the inadequate size of the detention rooms. Creating the means for detainees to take meals together in a common room might help to improve 36 37 69 Cf. e.g. CPT/Inf (2010) 16, margin no. 17 Cf. CPT/Inf (2009) 5, margin no. 109