2 – CUSTODY AWAITING DEPORTATION
AND CUSTODY TO SECURE DEPARTURE
if translations are performed by non-medical staff or
other detainees awaiting deportation, there is no
guarantee that technical terms and subject matter will
be correctly translated into the other language.
2.1 – LEGAL BASIS
The detention conditions of persons in custody
awaiting deportation [Abschiebungshaft] and custody to
secure departure [Ausreisegewahrsam] must differ from
7
those of sentenced prisoners . Furthermore, any
interference with basic rights beyond the mere
placement in such a detention facility requires its own
8
legal basis . Consequently, a specific legal basis must
be established for the enforcement of custody
awaiting deportation and custody to secure departure.
2.4 – PSYCHOLOGICAL AND PSYCHIATRIC
CARE
2.2 – ADMISSION MEETING
2.5 – STAFF
An admission meeting must be held with every
newly admitted person, during which the person
required to leave the country must be informed of the
reason for his/her detention. The person must also be
informed of his/her rights.
During these meetings, special attention must be
paid to any indications of a mental disorder. If
necessary, a psychologist should be involved.
Therefore, the detention facility’s staff members
responsible for conducting admission meetings must
receive specialised training enabling them to
recognise signs of trauma or mental illnesses. In case
of communication difficulties, an interpreter should
9
always be called upon to assist in admission meetings.
The staff of facilities for the enforcement of custody
awaiting deportation [Abschiebungshaft] or custody to
secure departure [Ausreisegewahrsam] should be
specifically chosen and trained to work in this field.
The detention facility should make sure that a
psychologist or psychiatrist is called in where this is
necessary.
2.6 – LEGAL CONSULTATION
Persons required to leave the country must be given
the opportunity to seek legal advice.
2.7 – PLACEMENT OF MINORS
Unaccompanied minors are not to be placed in
facilities for the enforcement of custody awaiting
deportation or custody to secure departure, but in
child and youth welfare facilities. If minors are placed
in facilities for the enforcement of custody awaiting
deportation or custody to secure departure together
with their parents or the persons entitled to exercise
parental authority, it must be ensured that such
custody takes account of the child's best interests.
2.3 – INITIAL MEDICAL EXAMINATION
Every person required to leave the country must
undergo an initial medical examination upon
admission into custody awaiting deportation or
custody to secure departure. It must be ensured that
indications pointing to trauma or mental illness are
diagnosed. In case of communication difficulties, an
interpreter should always be called upon to assist in
10
initial medical examinations. Translation by another
person required to leave the country is not
appropriate for reasons of confidentiality. Moreover,
2.8 – EXTERNAL CONTACT
It should be possible for persons required to leave
the country to receive visitors without restrictions,
especially relatives. In order to maintain or establish
contact with their families and home country, and to
facilitate their return, they should also be allowed to
use mobile phones and have access to the internet.
7
Cf. Article 16 para. 1 of Directive 2008/115/EC of the
European Parliament and of the Council of
16 December 2008.
8
Federal Constitutional Court, judgment of 31/05/2006,
2 BvR 1673/04, NJW 2006, 2093 (2093).
9
See Chapter II. 1.7 – “Communication during the entire
deportation procedure”.
10
Ibid.
17
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