AVID Monitoring Exercise on Non-compliance with Detention Centre Rules at Removal Centres

Ongoing survey 2002

Items 1  2  3  4  5  6  7  8  9  10  11  12 13 15

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Rule 12.  6Adequate clothing for warmth and health. See this rule

Chaplain provides underclothes on request.  None supplied by Group 4.  Clothes supplied are unsuitable and no footwear available.  V. slow to action requests

Wakenhut give out underclothes grudgingly.  Clothing supplied by them and Visitors Group

Clothing supplied by Red+ or lightweight tracksuits by Group 4 which are not warm enough for winter wear.

Clothing supplied by Visiting Group.  Some people only have what they were wearing when picked up.

Clothing supplied by prison service but often old and threadbare. Underwear supplied but has been multiply used.

No information yet

No information yet

Warm clothing essential for detainees and should be available from Management. Underwear provided should be unused.

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Rule 28.  1Privacy in visits room (not within hearing) Visits within reasonable time limits See these rules

Campsfield

Not always observed.  Visitors have reported complaints about being overheard.

35 hours/week including evenings

Tinsley House

Not always.  Can ask to move but although have right to do so, can be refused by staff.

49 hours/week including evenings

Yarl's Wood

Yes, although staff walk around and seem to try to listen in.

49 hours/week including evenings

Harmondsworth

Privacy observed sometimes depending on where you sit.  Otherwise, no

49 hours/week including evenings

Haslar

Not always - generally yes

12 hours/week afternoons only

Dover

No information yet

Lindholme

No information yet

No apparant reason for the disparities in visiting hours

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Handcuffing on external visits. See relevant rule 15 

Yes, for hospital visits

No information yet

Yes, on hospital visits, even for women.  Matter of concern to medical staff and Chaplains.

Yes for hospital visits, including women.

Yes, for hospital visits

No information yet

No information yet

Inhuman and degrading treatment

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Rule 4(3) 3 Informing of rights + compact See this rule

If unable to read, no details available.  Compact only in English.  House Rules do not mention DC Rules.

Do not always know they exist or are in Library.  Compact only in English

Copies in Information Room in 19 languages.  Could not be found two weeks ago by detainee.

Compact only in English

Compact given and signed but not understood.  Do not understand induction process

No information yet

No information yet

No information yet

Translation of Compact would seem essential.  Are detainees given their own copy when signed?

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Rule 38.  4 Complaints procedure. See this rule

Called grievance procedure.  Visiting Committee access is not explained in House Rules.  Not informed of right to complain or procedure.

Afraid to complain in case they are moved.  Visiting Committee not always known about or procedure for access.

Visiting Committee box in Inf. Room.  Afraid to complain in case they are moved.  VC not recognised by detainees

Some know how to complain but have long wait for reply.  Officers discourage detainees because they are busy.

Intimidation to prevent complaints reported.

Visiting Committe box in corridor. Visiting Committee not recognized by detainees. Complaints forms in Visits Room

No information yet

No information yet

1) afraid to complain

2) need to understand the procedure

3) need for management to understand why they are afraid to complain (cultural etc.)

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Rule 9(1)  5Written reports from IND. See this rule

Some detainees receive them but in English.  Others only receive them every two or more months.  Written reasons do not explain why they are held in detention

Not received on a regular basis and only in English.  Written reasons do not explain why they are held in detention

Sometimes have received them.  Written reasons do not explain why they are held in detention.

Sporadically given but not with reasons for detention.  One person had had nothing since refusal letter.

Generally received but only in English and often un-informative in any real sense and often repeated month by month

No information yet

No information yet

Proper reasons still not being given by IND

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Rule 12.  6Adequate clothing for warmth and health. See this rule

Chaplain provides underclothes on request.  None supplied by Group 4.  Clothes supplied are unsuitable and no footwear available.  V. slow to action requests

Wakenhut give out underclothes grudgingly.  Clothing supplied by them and Visitors Group

Clothing supplied by Red+ or lightweight tracksuits by Group 4 which are not warm enough for winter wear.

Clothing supplied by Visiting Group.  Some people only have what they were wearing when picked up.

Clothing supplied by prison service but often old and threadbare. Underwear supplied but has been multiply used.

No information yet

No information yet

Warm clothing essential for detainees and should be available from Management.

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Rule 31(4) 7Access to telephones and telephone cards. See this rule

One on arrival, otherwise refused. Each time have to prove destitute.  Calls dialled by officer who listens to conversation

Humiliated by unclear procedure for proving destitution each time, so give up asking. 

Difficult and degrading procedure.  Said to AVID on visit it was one per week but this is not happening.

86p per day insufficient to cover telephone cards, toiletries etc.  Free calls are not available and do not know they exist under DC Rules.  Cards supplied by Visiting Group still.

One on arrival. Faxes can be sent by officers if necessary for a man's case. Sometimes refused.

No information yet

No information yet

Regular supply of phone cards for reaching solicitors and family essential for mental health.

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Rule 16(2)  8Replacement toiletries. See this rule

Degrading procedure for obtaining replacements if destitute.  Poor quality.

Poor quality and not easy to obtain.  Slow to respond to requests.

Cheap quality for those who have to go through destitution procedure.

Difficult procedure to obtain replacements if destitute.  Often run out of stock.

Can be bought in canteen. Basics supplied weekly but NOT toothpaste

No information yet

No information yet

Simplified procedures needed.

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Rule 33(2)  9Mental health cover.Health screening. See this rule

No known mental health provision by detainees

Good health cover including therapy sessions

Visiting mental health cover.  Dr. does not screen detainees as in Rules – done by nurse.  Some nurses have mental health training.

Visiting mental health care cover.  Reluctant to action obvious mental health problems

Virtually no mental health cover though the chaplain does occasionally bring in a counsellor

No information yet

No information yet

Issue of depression needs further expert study in Removal Centres to prevent long term damage as a result of detention.

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Rule 35 (3) 10)Reporting of detainee who may be victim of torture. See this rule

Doctor decides whether victim of torture, not “may be” and few are passed on to Manager and Secretary of State.

Doctor, even with signs of scarring makes the decision to refer on, not “may be” in need of examination.

Not known yet.

Rarely consider reporting scarred or traumatised people for release

Doctor errs on the side of NOT investigating and NOT reporting

No information yet

No information yet

Conflict of interest exists between Contract and BMA Ethics which needs to be examined by impartial body.

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Minors in detention. 11

Examples are still being reported of documented minors not being released for months.

Not released even with genuine birth cert., medical report and Refugee Council backing.

Not known yet.

Minors still held.

Not released even with birth cert., medical report and Refugee Council backing. Certificates not believed even when no reason for disbelief can be found.

No information yet

No information yet

Benefit of the doubt should be given in such cases.

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Rule 6(1) 12)Access to personal goods in detention. See this rule

Very slow to act on requests for personal belongings.

Poor, lengthy process.

Able to access from storage at certain times

Lengthy process.

Poor. Process erratic and seems to depend on the whim of individual officers

No information yet

No information yet

Speeded up process for access to goods.

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Access13to  goods outside centre once detained.

Impossible, leaving houses/cars/possessions at the mercy of vandals, theft etc.

Impossible, leaving houses/cars/possessions at the mercy of vandals, theft etc.

Impossible, leaving houses/cars/possessions at the mercy of vandals, theft etc.

Impossible, leaving houses/cars/possessions at the mercy of vandals, theft etc.

Impossible, leaving houses/cars/possessions at the mercy of vandals, theft etc.

No information yet

No information yet

No one is taking responsibility for solving this problem which has always existed.

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The above information was collected by visitors in conversation with their detainees. Provision of information about the rights of detainees and complaints procedures is an area which seems to be very unclear, even if the induction procedure is being carried out.