Conditions in detention facilities

Germany

Country Report: Conditions in detention facilities Last updated: 19/06/26

Author

Lena Riemer, Lea Rau and Ronith Schalast

National law only provides basic rules for detention centres. As a result, conditions differ very much throughout the country. Health care in detention is in general provided according to the provisions of the Asylum Seekers Benefits Act, which foresees emergency care only (see Health care).[1] The Federal States are responsible for the organisation of these detention facilities.

Despite the lack of federal-level rules on detention conditions, the 2022 ruling of the CJEU[2] on the use of prisons for detention purposes stated that conditions in detention facilities must not be prison-like if they are to qualify as specialised detention facilities in the sense of the EU Return Directive. According to the lawyer filing the original case, this puts in question some of the existing specialised detention facilities such as Glückstadt in Schlewsig-Holstein or Hof in Bavaria that are surrounded by high walls and barbed wire.[3] In addition, in many detention facilities detainees are not granted substantially more freedom of movement than in regular prisons,[4] and many facilities resort to the practice of detention in heightened security cells and under constant supervision which has been widely criticised by NGOs.[5] In Bavaria, the appeals court of Coburg found on 24 November 2022 that conditions in the detention centre in Eichstätt are not in line with the CJEU’s ruling (see below). In December 2023, the Federal Supreme Court ruled that when ordering detention, courts need to examine the detention conditions’ conformity with EU law, noting that common rules in the detention centre of Hof (Bavaria) such as the ban to wear own clothes or the severe restrictions on visits go beyond what is strictly necessary to enforce removal.[6]

Following another Federal Court of Justice ruling of March 26, 2024, which established stricter requirements for conditions in deportation detention, some Federal States have taken steps to adjust their detention conditions. For example, Bavaria reported that it relaxed rules in the deportation detention centre in Hof by removing restrictions on visiting times and by bringing forward the daily unlocking time; according to the Bavarian Ministry of Justice, corresponding adjustments also apply to the detention centre in Eichstätt.[7] However, reports indicate that some facilities continue to impose restrictive conditions similar to those in criminal detention. Several non-governmental organisations have criticised the insufficient implementation of the ruling in practice. It remains to be seen to what extent further adjustments will be made to fully comply with legal requirements.[8]

The competent authorities for the management of the centres are the prison authorities under the Ministry of Justice or the (regional) police authorities. Therefore, members of staff are usually either prison staff or police officers or employees of the administrative part of the police or the prison services. By way of exception, the Munich Airport detention centre opened in September 2018 is directly managed by the newly funded Bavarian State Office for Asylum and Returns (Bayerisches Landesamt für Asyl und Rückführungen). No centre is managed by external companies but, in some cases e.g., Munich Airport, the authorities cooperate with private security companies to take over certain tasks.

In a 2025 parliamentary question, The Left stated fundamental criticism of pre-removal detention as a tool and its implementation in practice.[9] They claim that this deprivation of liberty – a severe infringement on human rights – aims solely to facilitate the removal of affected individuals. Those detained are typically “innocent” people, often asylum seekers who must be transferred to another EU state for their asylum procedure due to responsibility rules. Moreover, detainees in these facilities are reportedly subjected to degrading treatment on a recurring basis, including solitary confinement and physical restraints. A former inmate at Büren – the largest such facility in Germany – described how nearly ten police officers grabbed him “like an animal” after a suicide attempt and forcibly took him to a special isolation cell in the basement, where he was shackled to a table by hands and feet for over 12 hours. Independent groups have recorded numerous suicides, attempts, and self-harm cases in pre-removal detention.

As facilities vary greatly in terms of size and equipment, it is not possible to describe the overall conditions in the detention centres. Complementing the AIDA 2024 update, the paragraphs below describe the situation of a few institutions only and do not claim to provide a comprehensive overview of the detention conditions in Germany.[10] An overview of facilities and a collection of reports in German on detention conditions can also be found at ‘100 Jahre Abschiebehaft‘ (100 years of custody pending removal), a website run by activists campaigning for the general abolishment of detention pending removal.

 

Darmstadt-Eberstadt, Hesse

The facility was opened at the beginning of 2018. A new, enlarged facility was opened in Darmstadt-Eberstadt in January 2021. As of September 2024, the average detention duration is approximately 20 days, with stays ranging from 1 to 145 days.[11] According to the state government, the reception standards in the new facility are ‘considerably higher’ than in the previous facility.[12] The State law of 2017 sets out some basic principles for the facility.[13] These include the following: (a) Detainees are allowed to move freely within the facility during the day and shall have access to open-air spaces. Restrictions of movement shall be possible only to uphold security and order in the facility; (b) The facility shall make all possible efforts to provide rooms and opportunities for spare time activities and also for work (which should be remunerated). According to a local activist and visitors’ group, however, in 2023 detainees were only allowed one hour of yard exercise per day, cells are closed from 8 pm onwards and no possibilities for work exist. [14] Local activists say the yard is comparable to a cage, surrounded by barbed wire and exposed to the view of other parts of the building and the prison attached to the detention facility, making it an unpleasant space especially for women and families.[15] There are two social workers at the facility, one of which is employed by the police who is also in charge of the detention facility.[16] One external person employed by the Diakonie provides counselling but does not have a stable presence in the facility.[17] Pastoral care is provided by both Protestant and Catholic chaplains, who regularly visit the centre to offer spiritual and psychosocial support to detainees.[18] Detainees are allowed to use their mobile phones but without the camera function, and they have to buy mobile subscriptions at their own costs.[19] They receive € 20 of ‘pocket money’ per week with which they can buy products from a pre-defined shopping list, however delivery is only every two weeks, which is criticised by local activists as the often short stays in detention make it impossible for some detainees to actually make use of this, and there is no possibility of handing out the pocket money.[20] Health care in detention is described by local activists as insufficient, especially for detainees with serious conditions as there is no possibility for continuous treatment.[21] Furthermore, the confidentiality of conversations with healthcare professionals is not guaranteed.[22]

 

Büren, North Rhine-Westphalia

Detention conditions in Büren are governed by the Federal State’s law on the enforcement of detention pending removal.[23] As of 2025, the average length of detention has increased from 23 days in 2023 to 28 days. This rise is attributed to challenges in deportation procedures, including difficulties in obtaining travel documents and limited cooperation from countries of origin.[24]

The Refugee Council of North Rhine-Westphalia has highlighted that it includes restrictions on freedom of movement within the facility and on the use of internet, TV and mobile phones that are very similar to the restrictions used in the regular prison system.[25] The support group ‘Hilfe für Menschen in Abschiebehaft Büren’ shares this view[26] and further criticises that complaint mechanisms and legal measures to challenge the security measures are insufficient and even worse compared to the remedies available to regular prisoners.[27] They also demand that psychological and social assistance be truly independent and confidential, as it often leads to isolation of detainees when suicidal thoughts are expressed (see below).[28] A detailed description of detention conditions at the Büren facility can be found in the 2024 AIDA update.

According to the support group, one social assistant and one psychologist work in the detention facility. When talking to detainees, both have to take notes that are available to the facility staff and can lead to the ordering of isolation measures in cases of psychological distress, instead of adequate psychological or psychiatric treatment.[29] One Arabic-speaking medical doctor is present in the facility half-time. The support group reports that treatment by a specialised doctor or in hospital is often difficult to obtain given the need for accompanying security personnel and the reluctance of specialised doctors to offer consultations. If detainees have an addiction, they have to withdraw before departure, which puts additional intense physical and psychological stress on detainees especially if the detention period is short.[30] According to the support group, most of the staff working in the facility do not have any specialised training in dealing with detainees.

The detention centre has an advisory board where representatives of political parties, welfare associations, religious organisations, the Refugee Council and the support group as well as the city of Büren are present. However, the advisory board is described as ineffective by the local support group: most of the members do not work in or enter the facility on a regular basis; and while detainees can send complaints to the board, these must be sent in German and via e-mail, whereas detainees in isolation have no access to a computer and many do not have e-mail addresses. If a complaint is sent to the board, it usually gets forwarded to the centre’s complaint officer.

Over the course of 2023, there were three incidents where detainees allegedly set fire to their cells, possibly as part of suicide attempts. One detainee was found dead in his cell in September. The cause of death was not known as of March 2024.[31] The support group ‘Hilfe für Menschen in Abschiebehaft Büren’ demanded more transparency from authorities on suicide attempts and suicides in detention and put them into the context of high psychological pressure induced by detention in isolation and constant supervision, e. g. through “life controls” where detainees are checked on every 15 minutes, making rest and deep sleep impossible.[32]

 

Hof, Bavaria

The detention centre in Hof opened on 26 October 2021 and has a capacity of 150 places. It is administrated by the prison in Hof but is structurally and organizationally separated from it.[33] According to the Ministry of Justice, 16 of the 150 places are reserved for female detainees and 4 are designed to accommodate persons with disabilities. As of October 2022, 54 law enforcement officials and 20 staff members including social workers, psychologists, chaplains, and medical personnel worked at the facility.[34] Detainees have access to leisure and sports facilities, and each room is equipped with a television with international channels. Leisure activities are organised by the facility’s social services.

In May 2024, significant changes were introduced in response to a Federal Court of Justice (BGH) ruling (XIII ZB 85/22), which found certain detention conditions unlawful.[35] As a result, daily unlock times were extended. Detainees can now leave their rooms from 7:30 am to 7:00 pm on weekdays and from 8:00 am to 7:00 pm on weekends, with one mid-day lock-in period of one hour. These times include access to an outdoor area for up to two hours per day.[36] Prior to this ruling, detainees had been confined for longer periods, drawing criticism for resembling penal detention. Additionally, previous restrictions limiting visits to four hours per month were lifted following the BGH decision.

According to the Jesuit Refugee Service Germany, each detainee has access to a landline phone in their room and may use it free of charge for up to 30 minutes daily, including for international calls.[37] However, the use of mobile phones remains prohibited, even when the camera is sealed. Detainees are also denied internet access. Wearing one’s own clothing is practically impossible, as clothes must be washed outside the facility by friends or relatives, making regular use difficult. Another ongoing issue is the limited access to fax services: lawyers must use postal mail to receive signed authorisation forms from clients, which can delay legal assistance by several days.

Two fire incidents occurred at the Hof facility around Christmas 2024, as reported in the press. According to media reports, fires broke out on 1 December 2024 and again in early January 2025. In June 2025, another fire incident occurred when two detainees allegedly set fire to their cells, resulting in two people suffering minor smoke inhalation injuries.[38] 

 

Eichstätt, Bavaria

As of September 2023, the Eichstätt detention facility employed 52 staff members, including four social workers and two psychologists.[39] The former prison, originally opened in 1900, was converted into a pre-removal detention centre in 2016. Since the opening of the Hof facility in 2021, women are no longer detained in Eichstätt but exclusively in Hof.[40] The living units are divided into rooms, including single rooms and rooms with a number of beds. There are common showers, in which detainees also do their own laundry. People are generally free to move within the facility, except during lunch and dinner. During lunch (starting 11:30 and until 13:00) and dinner, the men are locked in their rooms (a head count also takes place during dinner).

Following a ruling by the Federal Court of Justice (BGH) from 26 March 2024 (published on 28 May 2024), new rules were introduced to distinguish detention conditions from those of the penal system.[41] Detainees are now allowed out of their rooms from 7:00–19:00, with a 1.5-hour midday lock-in. These hours include 2.5 hours of outdoor access daily. Previous limits of four hours of visiting time per month have been lifted.

According to the Jesuit Refugee Service Germany, detainees can use the landline phone in their rooms for up to 30 minutes per day, free of charge and internationally.[42] Mobile phones remain prohibited, even with sealed cameras, and internet access is not provided. Although detainees are technically permitted to wear their own clothing, the requirement that it be washed externally makes this difficult in practice. Communication with lawyers is hampered by continued restrictions on fax access, requiring powers of attorney to be sent via postal mail, which can delay proceedings by several days.

Reports of self-harm remain frequent, often in attempts to prevent deportation. Tensions were frequent. Disciplinary measures can be taken if a person violates rules e.g., withdrawal of shopping rights, access to television etc. in accordance with prison rules. Detainees can also be isolated for a certain period of time. Where isolation is used, it is usually for very short periods of time.[43] However, few cases are known where the detention lasted for days or even weeks.[44]

Rioting prisoners provoked a police operation in July 25. Since then, the number of detention places has had to be reduced to around 30.[45] According to the Jesuit Refugee Service, the repair work had still not been completed by the end of the year.

 

Glückstadt, Schleswig-Holstein

The detention facility in Glückstadt was opened on 16 August 2021. At the start, capacity was limited to 12 people, and this was gradually increased to the maximum capacity of 60 places. As of January 2024, media reported that the facility had a capacity of 42 places.[46]

The State government describes the facility as ‘setting new standards for humane enforcement’, with rooms with private toilets, mobile phones without camera provided by the facility and pocket money for detainees. While being of a comparatively high standards when it comes to detention conditions, the facility is surrounded by high walls and barbed wire like facilities in other Federal States. Furthermore, while mobile phones are provided, they do not allow communication via internet-based messengers, which means most communication with family, friends or supporters is only possible via the three shared computers, making private communication difficult. As of January 2024, detainees are no longer allowed to use their own smartphones, according to a local support group.[47]

The facility employed five full-time medical staff and one psychologist, who works part-time and on call, as of January 2023. The almost exclusive use of internal medical personnel was seen critically by local support groups, who argue that this increases the tendency to deal with all issues ‘internally’ decreasing the availability of information on the quality of medical and psychological support provided in the facility. In addition, psychologists cannot issue medical reports which might give rise to a removal ban based on the applicant’s condition (e.g., in case of post-traumatic stress disorder), and the presence of doctors and a psychologist in the detention centre makes it more difficult to obtain outside medical treatment and reports. Support groups report that treatment is inadequate in that it is mostly limited to pharmaceutical care and that patients are not taken seriously.[48]

In early January 2024, media and support groups reported a suicide attempt, where a detainee had set fire to the mattress in his cell. Even though the psychiatrist who treated the detainee in the hospital after the attempt recommended a transfer to a psychiatric hospital, detention was maintained in a ‘heightened security’ cell and a deportation attempt a few days later failed due to resistance from the detainee. The facility’s administration denies that the detainee’s behaviour amounted to attempted suicide and argues that the maintenance of detention including in a heightened security under constant surveillance is justified.[49] According to the Abschiebehaftberatung Nord, this ‘heightened security’ cell is completely isolated from the rest of the facility.[50] It is under constant observation and detainees have reported that during all hours of day and night staff had repeatedly turned on the ceiling lights within very short periods of time to „check if they were still alive“ – without regard if the person was trying to sleep. This kind of treatment of the detainees seems to be possibly even harmful to their mental and overall health, instead of providing extra care for persons under psychological stress.

As of February 2026, Abschiebehaftberatung Nord reports that they are aware of individuals who have an addiction or PTSD or show self-harming behavior up to and including suicidality, but they cannot provide exact numbers or any reliable data. They highlight that people suffering from serious mental illnesses are routinely placed in detention but treatment remains primarily symptomatic, and medications are reduced not for medical reasons but with a view to facilitating deportation. [51]

As of January 2024, no independent social counselling was available at the facility after the Protestant welfare association Diakonie was unable to renew its contract due to staffing shortages.[52] However, a new agreement was concluded with a different diaconal organisation, Diakonie Altholstein, which assumed responsibility for social counselling. Since May 2024, two full-time staff members have been present on site. As of June 2024, Diakonie Altholstein provides daily social counselling from Monday to Friday. Independent legal advice continues to be provided by the Refugee Council of Schleswig-Holstein and by a student-led initiative comprising three law clinics based in Hamburg and Kiel.[53]

 

 

 

[1] PRO ASYL, ‘Schutzlos hinter Gittern. Abschiebungshaft in Deutschland’, June 2013, available in German at: https://bit.ly/3JCqxOv, 24.

[2] CJEU, Case C‑519/20, 10 March 2022, available in German at: https://bit.ly/3NtZt6u.

[3] PRO ASYL, ‘Abschiebehaft: Der EuGH schiebt Deutschland einen Riegel vor’, 16 March 2022, available in German at: https://bit.ly/3wIGz5S.

[4] Community for all, 4 Jahre Abschiebeknast Hessen, July 2023, available in German at: https://bit.ly/3RLsmxS, 50.

[5] Lena Böllinger, Werden in Abschiebehaftanstalten Menschenrechte verletzt? Deutschlandfunk Kultur, available in German at: https://bit.ly/49dyrur, Report to the German Government on the visit to Germany carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 13 to 15 August 2018, 9 May 2019, available at: https://bit.ly/2JJiN0z, 27.

[6] Federal Supreme Court, Decision XIII ZB 45/22, 5 December 2023, available in German at: https://bit.ly/4abZoPF.

[7] BR24, ‘Rechtswidrig: BGH kritisiert Abschiebehaft-Gefängnis in Hof‘, 6 June 2024, available in German here.

[8] Weltkirche.katholisch.de, ‘BGH: Menschen in der Abschiebungshaft nicht wie Strafgefangene behandeln’, 30 May 2024, available in German here.

[9] The Left parliamentary group, Major inquiry on the practice of pre-removal detention since 2021 and future developments, 21/882, 16 July 2025, available in German here.

[10] AIDA, Country report: Germany – Update on the year 2024, June 2025, available here, 215

[11 Recht & Politik, ‘Hessens Innenminister Poseck: “Für mehr Abschiebungen müssen Weichenstellungen auf Bundesebene erfolgen”’, 2 April 2024, available in German here.

[12] Frankfurter Rundschau, ‘Hessen vervierfacht Haftplätze in Abschiebegefängnis in Darmstadt’, 30 January 2021, available in German at: https://bit.ly/3ot0ot1.

[13] Official Gazette for the Federal State of Hesse, Gesetz über den Vollzug ausländerrechtlicher Freiheitsentziehungsmaßnahmen(VaFG), 18 December 2017, available at: https://bit.ly/2Cael74.

[14] Community for all, 4 Jahre Abschiebeknast Hessen, July 2023, available in German at: https://bit.ly/3RLsmxS, 49-58.

[15] Information provided by the local activist and assistance group ‘Support PiA – Hilfe für Personen in Abschiebehaft’, 13 February 2023.

[16] Community for all, 4 Jahre Abschiebeknast Hessen, July 2023, available in German at: https://bit.ly/3RLsmxS, 64.

[17] Community for all, 4 Jahre Abschiebeknast Hessen, July 2023, available in German at: https://bit.ly/3RLsmxS, 63-64.

[18] Menschen wie wir, ‘Jahresbericht AHE 2022’, 22 March 2023, available in German here.

[19] Section 14, Gesetz über den Vollzug ausländerrechtlicher Freiheitsentziehungsmaßnahmen(VaFG), 18 December 2017, available at: https://bit.ly/2Cael74, see also Community for all, 4 Jahre Abschiebeknast Hessen, July 2023, available in German at: https://bit.ly/3RLsmxS, 55-56.

[20] Community for all, 4 Jahre Abschiebeknast Hessen, July 2023, available in German at: https://bit.ly/3RLsmxS, 51-52.

[21] Information provided by the local activist and assistance group ‘Support PiA – Hilfe für Personen in Abschiebehaft’, 13 February 2023.

[22] Community for all, 4 Jahre Abschiebeknast Hessen, July 2023, available in German at: https://bit.ly/3RLsmxS, 59-60.

[23] Ministry of the Interior North Rhine Westphalia, Gesetz über den Vollzug der Abschiebungshaft in Nordrhein-Westfalen, version of 5 March 2024, available in German at: https://bit.ly/3QZ55b0.

[24] WDR, ‘Abschiebehaft Büren: Kritik an Bedingungen’, 23 March 2025, available in German here.

[25] Flüchtlingsrat Nordrhein-Westfalen, Stellungnahme: Referentenentwurf Gesetz zur Änderung des Abschiebungshaftvollzugsgesetzes Nordrhein-Westfalen, 9 August 2018, available in German at: https://bit.ly/2XxduGq.

[26] Hilfe für Menschen in Abschiebehaft Büren, 30 Jahre Abschiebehaft Büren, 19 January 2024, available in German at: https://bit.ly/3vdXC1j.

[27] Hilfe für Menschen in Abschiebehaft Büren, Stellungnahme zur Anhörung zum Abschiebungshaftvollzugsgesetz, 7 November 2018, available in German at: https://bit.ly/2UmjGiG. Information obtained from the support group‘ Hilfe für Menschen in Abschiebehaft Büren‘ in March 2024.

[28] Hilfe für Menschen in Abschiebehaft Büren, Verein fordert mehr Transparenz zur Abschiebehaft, 23 February 2024, available in. Germant at: https://bit.ly/3TnMkj9.

[29] Information obtained from the support group‘ Hilfe für Menschen in Abschiebehaft Büren‘ in March 2024.

[30]  Information obtained from the support group‘ Hilfe für Menschen in Abschiebehaft Büren‘ in March 2024.

[31] Hilfe für Menschen in Abschiebehaft Büren, Verein fordert mehr Transparenz zur Abschiebehaft, 23 February 2024, available in. German at: https://bit.ly/3TnMkj9.

[32] Hilfe für Menschen in Abschiebehaft Büren, Brand in der Abschiebehaft, 13 November 2023, available in German at: https://bit.ly/43mL2tp.

[33] Bavarian Ministry of Justice, ‘Einrichtung für Abschiebungshaft Hof’, available in German here.

[34] BR24, ‘Panische Angst vor Rückführung: Ein Jahr Abschiebehaft in Hof’, 26 October 2022, no longer available online as of January 2024.

[35] Informationsverbund Asyl & Migration, Bundesgerichtshof, Beschluss vom 26. März 2024 – XIII ZB 85/22, available here.

[36] Ibid.

[37]  Information provided by Jesuit Refugee Service Germany via email on March 2025, confirmed via email in February 2026.

[38]  TVO, ‘Feuer im Abschiebegefängnis in Hof: Polizei verhaftet zwei mutmaßliche Brandstifter’, 4 June 2025, available in German here.

[39] Bavarian Ministry of Justice, Justizvollzugsanstalt Eichstätt – Einrichtung für Abschiebungshaft, no longer available online as of January 2024.

[40] Information provided by Jesuit Refugee Service Germany via email on March 2025, confirmed via email in February 2026.

[41]  Informationsverbund Asyl & Migration, Bundesgerichtshof, Beschluss vom 26. März 2024 – XIII ZB 85/22, available here.

[42] Information provided by Jesuit Refugee Service Germany via email on March 2025, confirmed via email in February 2026.

[43] ECRE, The AnkER centres Implications for asylum procedures, reception and return, April 2019, available at: https://bit.ly/2W7dICZ.

[44] Information provided by Jesuit Refugee Service Germany via email on March 2025, confirmed via email in February 2026.

[45] BR24, ‘Insassen randalieren in Abschiebehaftanstalt Eichstätt’, 29 June 2025, available in German here.

[46] Federal Government, Reply to parliamentary question by The Left, 20/14042, 6 December 2023, available in German here.

[47] Information provided by the legal advice and support group Abschiebehaftberatung Nord. in January 2023, see https://abschiebehaftberatung-nord.de/.

[48] Taz.de, Abschiebehaft in Schleswig-Holstein: Allein hinterm Stacheldraht, 9 January 2024, available in German at: https://bit.ly/3uDEFok.

[49] Taz.de, Brand in Abschiebehaft Glückstadt: Abschieben um jeden Preis, 30 January 2024, availabe in German at: https://bit.ly/42Dz2TI.

[50] Information provided by Abschiebehaftberatung Nord via email in March 2025.

[51] Information provided by Abschiebehaftberatung Nord via email in February 2026.

[52] NDR, ‘Abschiebehaft Glückstadt: Bewohner haben keine Sozialberatung’, 15 January 2024, available in German here.

[53] Abschiebehaftberatung Nord, ‘Legal advice and support information’, April 2022, available here.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation