During another deportation procedure, the doctor
accompanying the measure based his verdict of one
person's fitness to travel primarily on a court decision
dealing with the formalities of a medical certificate
that had been issued at an earlier date. The doctor
accompanying a deportation procedure should
primarily be bound by the standards of medical ethics.
The basis for any assessment of fitness to travel should
be the medical professional’s expert opinion gained in
person on site. The medical file should be secondary
in this assessment.
During the same deportation procedure, two
doctors gave differing opinions in on-site assessments
of one person’s fitness to travel. Despite this, the
deportation order was still enforced.
If there are any doubts about a person’s fitness to
travel, the deportation should not be carried out.
Not all Länder have compiled instructions for their
employees regarding the organisation and the
procedural aspects of deportation operations. From
the point of view of the National Agency, however,
such instructions help to provide staff with certainty
in this exceptional situation, and to ensure a
consistent approach by the authorities. Deportations
should be carried out by members of staff who are
sufficiently qualified.
1.2.17 – Deportation monitoring
Deportation monitoring at airports and regular
exchanges with authorities and non-state actors help
to uncover alleged abuses or misconduct during
deportation operations.
In North Rhine-Westphalia, a deportation
monitoring mission and the “Airports in NRW
Forum" were established in 2000. Within the forum,
representatives
of
governmental
and
nongovernmental organisations are involved in
monitoring deportation operations. In Berlin and
Brandenburg, a deportation monitoring mission and
the Berlin-Brandenburg Deportation Monitoring
Forum were founded in 2013.
The National Agency recommends that deportation
monitoring be established at all airports where
deportations take place. A dialogue should then be
maintained between these services and the competent
authorities.
1.2.15 – Cash lump sum
The payment of a lump sum in cash is the
responsibility of the respective foreigner authority of
52
the Länder, and is not handled consistently. The
National Agency observed that people being deported
were frequently handed over to the Federal Police at
the airport without any financial means of their own.
According to the Federal Police, it sometimes pays a
cash lump sum to persons being deported, with this
sum being requested subsequently from the respective
foreigner authority. At certain airports, the church's
deportation monitoring service voluntarily provides
cash lump sums to persons being deported. This,
however, is not reimbursed to the church.
No person being deported should be left without
any 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.
1.2.16 – Further training of prison staff
Deportation operations put the person being
deported in exceptional circumstances. For this
reason, staff-members accompanying deportation
operations must be appropriately trained and
prepared for the individual procedures. The Federal
53
Police and the Berlin Police currently organise and
train staff accordingly.
52
Only the Länder of Brandenburg, Berlin, BadenWürttemberg, Hesse, Lower Saxony, North RhineWestphalia, Rhineland-Palatinate and Thuringia have
specific regulations regarding cash lump sums.
53
In Berlin, arrests are handled by the working group
responsible locally for missions of the Land police that have
an intercultural nature. This working group consists of staff
in plain clothes who are specially trained, have relevant
language skills, and are experienced in dealing with refugees.
42
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