PRE-DEPORTATION DETENTION FACILITIES
4.5 – TOILETS
A blanket and a pillow should be provided to those
taken into police custody in Saarbrücken St. Johann
Police Station. Particular attention should also be paid
to ensuring the cleanliness of the sobering-up cell.
Further recommendations concerned the staffing
level at Dortmund Police Headquarters and the number of people being held in the multiple-occupancy
cell, as well as the need to fit fire alarms in Erfurt
North Police Station.
In Frankfurt (Oder) Police Station officers are always present when detainees are examined by a doctor. This violates the person concerned’s rights of
personality, and safety aspects do not generally necessitate this measure. Aside from justified exceptional
cases, only medical staff should be present when a
detainee is examined by a doctor.
Further, the Joint Commission noted the strong
smell of urine and faeces in the entire custody suite, a
matter which urgently needs to be remedied.
The police headquarters in Bonn, Dortmund and
Cologne have custody rooms with an integrated toilet
which are monitored by CCTV camera. Apart from in
Dortmund Police Headquarters, the toilet is not
pixelated on the CCTV monitoring screens. In these
police headquarters, as well as in Erfurt North, Frankfurt (Oder) and Potsdam Police Stations, the toilets
are fully visible through a peephole. The detainees’
privacy is insufficiently protected in all these cases.
4.6 – FURTHER RECOMMENDATIONS
To reduce the risk of injury and at the same time to
ensure those taken into custody are able to sleep, the
custody rooms in Neunkirchen (Saar), Saarbrücken St.
Johann and Frankfurt (Oder) Police Station should be
fitted with dimmable lighting.
5 – PRE-DEPORTATION DETENTION
FACILITIES
The Joint Commission visited Eisenhüttenstadt
Pre-deportation Detention Facility for a follow-up
visit. The facility can accommodate up to 108 people
and is responsible for enforcing custody pending
deportation in Brandenburg, as well as on behalf of
Berlin, Hesse, Mecklenburg-Western Pomerania,
North Rhine-Westphalia, Thuringia, Saxony, SaxonyAnhalt and Schleswig-Holstein. It is also responsible
for enforcing custody pending deportation as ordered
by the Federal Police. The facility only had a few
detainees awaiting deportation at the time of the visit.
The Joint Commission had already recommended
during its original visit that visibility of the toilet in
the specially secured room should be restricted on the
CCTV monitoring screen. The facility immediately
implemented this recommendation by affixing stickers to the monitoring screen.
Strip-searches upon admission, which is standard
practice in the facility, represents a serious invasion of
the person concerned’s privacy. Strip-searches may be
justified in order to ensure security in the facility and
to prevent disorder or crime, but they must be carried
out circumspectly and neither routinely nor independently of case-specific suspicions. 25 Detainees
awaiting deportation are not offenders, nor are they
being kept in prison on suspicion of a crime. That is
why the need for a strip-search must be subject to a
rigorous examination over and above the requirements set by the Federal Constitutional Court in
regard to pre-trial detention.26
The Joint Commission gained a positive general impression of the staff’s treatment of the detainees
awaiting deportation and in regard to implementation
of the recommendations it had made in 2013.27
25
See III.4.2 above
See Federal Constitutional Court, order of 4 Feb. 2009, file no. 2
BvR 455/08, margin no. 35 – juris
27
National Agency, Annual Report 2013, p. 49 et seqq.
26
33
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