37. The Committee also remains concerned about the increase of attacks on shelters nationwide and the obligation for asylum-seekers and people who have been granted a temporary suspension of deportation to stay in State reception facilities, in some cases for the whole duration of the asylum procedure, and by the condition imposed on asylum-seekers restricting their movements to the area or district where they are accommodated (art. 5)...

Registers of persons deprived of liberty
51. ... the Committee is concerned at:
(a) The inconsistency of the elements listed in article 17 (3) of the Convention that
appear in the registers, and the lack of information on registration procedures in other places of deprivation of liberty, such as military or immigration detention facilities;
(b) Allegations of the lack of independence of the National Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its inability to conduct visits to prisons;
(c) Insufficient measures taken to ensure that registers are completed as soon as a person is deprived of liberty and are updated as necessary;
(d) Restrictions to the right of persons with a legitimate interest to have prompt and easy access to at least the information listed in article 18 (1) of the Convention (arts. 17, 18, 20 and 22).
52. The Committee recommends that the State party:
(a) Ensure the interoperability of existing and future registers of deprivation of liberty, guaranteeing that they all contain, as a minimum, the information required under article 17 (3) of the Convention, and that all persons deprived of liberty are registered without exception and from the outset;
(b) Enable the National Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to fulfil its mandate independently and effectively, including conducting regular and unannounced visits to all places of detention;18
(c) Guarantee that information in the registers is filled out and updated promptly and accurately and is subject to periodic checks, and that, in the event of irregularities, the officers responsible are duly sanctioned;
(d) Ensure that any person with a legitimate interest, such as a relative of a person deprived of liberty or his or her representative or counsel, has prompt access to all the information listed in article 18 (1) of the Convention.

40. The Committee recommends that the State party:
(c)Invest the resources necessary to ensure that reception centres are child-friendly and prioritize the immediate transfer of asylum-seeking and refugee children, including unaccompanied children, from reception centres to ensure their prompt access to education and necessary support;

(d) Prevent the separation of migrant children from their parents;

(e) Prohibit the arrest and detention of asylum-seeking and migrant children on the basis of their or parents’ migration status;

(f) Continue to ensure that all unaccompanied children are promptly identified and appointed a guardian with legal expertise in asylum;

(g) Ensure that children in initial reception centres have prompt access t o education in the regular school system;

(h)R epeal the statutory obligation on all service facilities to inform the immigration authorities of any child w ithout regular residence status.

§ 68 (e): The use of alternatives to detention for foreigners who are not in possession of a valid visa or whose visa is expired should always be considered; (f) The issue of proportionality in the detention of foreigners for illegal entry to the country or for illegal border crossing, coupled with harsh sentencing, should be carefully addressed;

<p>§ 84: To safeguard the rights of asylum seekers and refugees, the Government should prohibit pre-deportation custody orders against persons belonging to particularly vulnerable groups, such as unaccompanied minors. The Working Group recommends that the Government reduce the length of the detention to the period of time strictly necessary for identification. </p>

<p>§ 85: There is a need for special attention to be given to vulnerable asylum seekers during the initial medical check. </p>

<p>§ 87: The Working Group recommends that the Government not limit court review of deportation orders, and build on the achievements in reducing the number of foreign nationals awaiting deportation in detention. </p>


</p>§ 88: The duration of detention pending deportation should be subjected to the strict application of the principle of proportionality and limited to the shortest possible period. The Working Group recommends that the duration of pre-deportation custody be significantly decreased.

155.254 Adopt legislative and administrative measures to avoid the detention of migrants and allow the early identification of migrants in situations of vulnerability, including transsexual persons and victims of torture, with a view to their being considered in the asylum application processes, as well as in the terms of appeal before the expulsion (Mexico);

12. The CPT would like to be informed how the German authorities carry out oversight of
personnel of private security companies during forced removal operations by air conducted
by federal state authorities alone, and how effective monitoring of these flights is ensured.
The Committee would also like to receive detailed information about the training that is
provided to private security staff members carrying out return flights.
25. The CPT recommends that the German authorities ensure that procedures are in place to
prevent documents with potentially compromising information about the returned person’s
asylum claim, criminal record or political activities from accompanying the person in their
luggage, unless they request otherwise.
27. The CPT would like to encourage the German authorities to develop a system of independent
post-return monitoring and collecting relevant data and information on whether foreign
nationals removed by force to their countries of origin were exposed to treatment
contrary to Article 3 of the European Convention on Human Rights upon their return
(see also paragraph 100). It also encourages the German authorities to bring this matter to
the attention of Frontex and the other EU member states organising or participating in return
operations supported by Frontex.
32. The CPT would like to receive the German authorities’ comments on whether these two practices observed are applied by all federal states throughout Germany.
36. The CPT reiterates its recommendation that foreign nationals held in custody awaiting
deportation should be notified at least one week in advance of their impending deportation,
as required by law. If they are detained less than one week prior to deportation, they should
be informed of the impending deportation on the day of their deprivation of liberty.
--The CPT also recommends that the German authorities take the necessary steps to ensure
that returnees who are apprehended on the day of their removal be given the opportunity and
sufficient time to inform the persons they need to, to collect their personal belongings,
including money (especially from their bank accounts), medication and documents, and to
make the necessary arrangements to prepare for their departure and organise their return.
To this end, additional measures should be taken to guarantee that they can effectively
benefit from the protection of the fundamental safeguards against ill-treatment from the
outset of their deprivation of liberty.
-- The Committee also encourages the German authorities to provide information more
systematically on possible assistance and support upon their return to all persons subject to
forced removal.
42. The CPT recommends that the German authorities review their policy concerning
access to a telephone to ensure that all returnees have the right to contact relatives, or a third
person of their choice, from the outset of their deprivation of liberty by the competent police
and/or immigration authorities of the federal states. These agents should actively facilitate
the right of returnees to inform a person of their choice of their detention and impending
removal, including by granting access to their mobile phones. The right of notification from
the outset of deprivation of liberty should be formally granted to persons held in short-term
detention, and the relevant instructions reviewed accordingly.
47. The CPT recommends that the German authorities ensure that all returnees can
effectively exercise their right to contact a lawyer from the outset of their deprivation of liberty
by the competent police and/or immigration authorities of the federal states. This right should
be formally granted to persons held in short-term detention and be facilitated in practice.
52. The CPT recommends that the German authorities take the necessary measures to ensure
that, in the context of forced removal operations by air organised by Germany, all returnees
systematically benefit from a somatic clinical examination by an independent medical doctor
prior to the removal operation. This examination might be carried out at the airport of
departure. Further, clear procedures of reporting and action to be taken in case of credible
allegations of ill-treatment should be developed.

Moreover, a fit-to-fly certificate should be systematically established for all returnees. To this
end, the Committee encourages the authorities to further harmonise the different practices
at the federal state-level.
53.
The CPT recommends that the German authorities ensure that the number of missions for
which medical doctors are contracted in the context of forced removal operations is limited
to the extent that they do not present an essential part of their professional activities in order
avoid a situation of dependency.
56. 56. The CPT recommends that the German authorities take the necessary steps to address
the above-mentioned shortcomings and draw up a clear policy concerning the respect of
medical confidentiality during forced removal operations by air. This policy should be fully
respected in practice. In particular, the documentation made available to police officers,
including escort staff, should not contain information covered by medical confidentiality.

Further, all medical examinations of persons deprived of their liberty should be conducted
out of the hearing and – unless the healthcare professional concerned requests otherwise in
a particular case – out of the sight of police officers.
58. The CPT would like to be informed of the measures taken by the competent
immigration authorities prior to deportation to guarantee the continuity of care of both
persons upon their return to Pakistan. More generally, the CPT encourages the German
authorities to put in place effective arrangements to organise the continuity of care of
returnees in the countries of removal prior to their deportation.
60. The CPT recommends that the German authorities take the necessary measures to
ensure that all returnees are systematically and fully informed of their rights, the procedure
applicable to them and the legal remedies available against their deportation from the very
outset of their deprivation of liberty (that is, from the moment when they are obliged to remain
with the competent police and/or immigration authorities from the federal states). This should
be ensured by the provision of clear verbal information at the moment of apprehension, to be
supplemented at the earliest opportunity by the provision of the relevant information sheet,
in a language that they can understand. If needed, the assistance of a qualified interpreter
should be provided.
103. The CPT recommends that the German authorities take the necessary measures to swiftly
transpose Article 8 (6) of the Return Directive into national law by designating a national
forced return monitoring system that is both independent and effective. The Committee
wishes to be informed about the steps taken in this regard as well as the timeline and
resources envisaged to render this monitoring system effective in practice.

§ 33: the German authorities to take immediate steps to ensure that, in all German Länder (including Baden-Württemberg, Bavaria and Saxony), detention pending deportation is governed by specific rules reflecting the particular status of immigration detainees; § 33: the authorities of Baden-Württemberg, Bavaria and Saxony to take the necessary measures to ensure that immigration detainees are accommodated in centres specifically designed for that purpose, meeting the criteria set out by the Committee in its 7th and 19th General Reports. Such measures should also be taken by the authorities of all other Länder which have not yet set up detention centres for foreigners; § 36: material conditions in the unit for male immigration detainees at Munich-Stadelheim Prison to be improved, in the light of the remarks made in paragraph 36; § 40: steps to be taken at Leipzig, Munich-Stadelheim and Schwäbisch Gmünd Prisons and, where appropriate, in other establishments in other Länder in Germany to ensure that an open-door regime is implemented for all immigration detainees throughout the day, steps to be taken at Munich-Stadelheim Prison to ensure that male immigration detainees are provided with board games and made aware of the possibilities of having access to reading material (in various languages) and that more recreational activities are organised for them; § 41: the authorities of Bavaria and, if necessary, of other Länder to take immediate steps to ensure that immigration detainees are granted regular and frequent access to the telephone (at the detainee’s own expense), the authorities of Baden-Württemberg and Saxony and, if necessary, of other Länder to take
steps to ensure that all immigration detainees are allowed to receive at least one visit of one hour per week; § 43: the authorities of Bavaria and all other Länder to create secure rooms in major hospitals, with a view to avoiding the shackling of inmates to hospital beds, the authorities of all Länder to take steps to ensure that all medical examinations/consultations of hospitalised inmates are conducted out of the hearing and – unless the doctor concerned requests otherwise in a particular case – out of the sight of prison officers; § 45: at Leipzig and Schwäbisch Gmünd Prisons, written information on the house rules as well as on the legal status of, and procedure applicable to, immigration detainees to be provided to all foreign nationals, upon their admission to these establishments. Such information should be available in the most commonly used languages.