To ensure a dignified return, the person concerned should at least be given the opportunity to pack whatever personal 51 belongings they need. Deportation procedures should not lead to the person concerned losing their personal belongings. Contrary to the information provided by many authorities, it is not always possible for relatives to send personal belongings at a later date. At the time of collection, persons being deported should be provided with information on the deportation procedure. This should be done immediately, comprehensively, in writing, and in a language they understand well. The information sheet should include the following details:    1.2.5 – Cash lump sum The payment of a lump sum in cash is the responsibility of the respective foreigner authority of the Länder, and was not handled consistently. As a rule, the Land Saxony did not pay a lump sum to persons with no financial means unless this was requested by the deportees themselves. As barely any of the deportees were aware of this possibility, the system could end up being handled arbitrarily. At certain airports, the deportation monitoring centre voluntarily provided cash lump sums to persons being deported. This, however, was not reimbursed to the monitoring centre. The schedule of the deportation including flight times Information on luggage Rights during the deportation procedure 1.2.7 – Unlawful deprivation of liberty At Tegel airport, deportees who are not escorted during the deportation procedure on account of their risk assessment are locked up in one of the three larger custody cells while they wait for their flight. This can take several hours. In response to a query from the visiting delegation, the officers were unable to cite a legal basis for locking up the deportees. In their view, locking up the deportees did not constitute a deprivation of liberty because it was deemed necessary in order to carry out the deportation measure and therefore fell within the framework of the overall procedure. In the National Agency’s view, nobody should be deported without financial means of their own. All deportees must have sufficient financial means to pay for the journey from the airport to the final destination, as well as for meals needed during this journey. Many Federal Länder have already adopted appropriate regulations as a 52 result. From a legal perspective, this view is inconsistent with the past decisions of 54 Germany’s highest courts. While both the collection and the waiting period at the airport (e.g. at the gate) are considered part of the deportation procedure, any additional 55 confinement of the deportees is not. This represents a deprivation of liberty which 56 requires a basis in substantive law. Section 39 (1) no. 3 of the Act on the Federal Police does not constitute a suitable basis, as the requirements stipulated therein would not be met in the present case. For instance, locking the door of the custody cell is not absolutely necessary. As the visiting delegation was 1.2.6 – Information on the deportation procedure Based on the National Agency’s observations, deportees did not receive comprehensive written information regarding their rights and the deportation schedule. However, such information could help to reduce the stress experienced and the potential for resistance 53 amongst deportees. https://www.unhcr.org/4d948a7d9.pdf (retrieved on 07/03/2019) 54 Federal Constitutional Court, order of 15/05/2002, file no.: 2 BvR 2292/00; Federal Administrative Court, judgment of 23/06/1981, file no: 1 C 78.77 55 Federal Constitutional Court, order of 15/05/2002, file no.: 2 BvR 2292/00, juris margin no. 28; Federal Administrative Court, judgment of 23/06/1981, file no: 1 C 78.77, juris margin no. 11 56 Federal Constitutional Court Decisions 2, 118, 119; 29, 183, 195 51 Council of Europe, Twenty Guidelines on Forced Return, September 2005, Guideline no. 15, p. 44, URL: https://www.unhcr.org/4d948a7d9.pdf (retrieved on 07/03/2019) 52 These are Brandenburg, Baden-Württemberg, Bremen, Lower Saxony, North Rhine-Westphalia and Thuringia 53 CPT/Inf (2003), margin no. 41; CPT/Inf (2016) 35, margin no. 17; Council of Europe, Twenty Guidelines on Forced Return, September 2005, Guideline no. 4, p. 18, URL: 53

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