CAT/OP/DEU/2/Add.1
1.
With reference to the recommendation of the Subcommittee (SPT) contained in
paragraph 14 of the SPT visit report (CAT/OP/DEU/2), the Federal Agency and the Joint
Commission perform both announced as well as unannounced visits. The decision whether
to announce a visit is made on a case-by-case basis. Factors to be taken into account are the
typical frequency of detentions in the facility, the aim of the visit and the added value of an
announcement in a specific case (e.g. the possibility to talk to staff council representatives).
2.
Preparation of visits always includes the analysis of the legal basis on which the
facility functions. If systemic shortcomings, due to either legal rules or administrative
practice, are uncovered during a visit, the National Agency issues recommendations which
go beyond the situation in the specific facility. For instance, it has communicated its
general reservation about detaining foreigners pending deportation to prisons or is currently
investigating the use of video surveillance and peepholes.
3.
With reference to the recommendation of the SPT contained in paragraph 19 of the
SPT visit report, the National Agency is in constant dialogue with the Federal and State
agencies concerned. While the Federal Agency is dealing only with three ministries, the
Joint Commission has to maintain contacts with the competent ministries in each of the 16
Länder. To this end, it informs the pertinent person at the ministry after each visit about the
provisional results of the visit. Experience has shown that this procedure facilitates ensuing
discussions on implementation.
4.
The Federal Agency and the Joint Commission are also in regular contact with the
Conference of Ministers of Justice, the Federal Ministry of Justice and the Ministry of
Justice of the hosting state of Hesse on operative issues concerning the National Agency’s
work. The Head of the Joint Commission has also met the authoritative head of department
of a State Ministry of the Interior and agreed to present the Joint Commission’s work at a
future Conference of Ministers of the Interior. Similar contacts are envisaged with the
Ministries for Social and Labour Affairs. The adoption of annual topics of special interest
ensures prioritization and optimal use of its limited resources. In 2013, the National Agency
chose detention pending deportation as the topic of special interest. Its visits to almost all
detention facilities for foreigners pending deportation have enabled it to develop a list of
proposals that are directed to the executive branch of all Länder in charge of the
administration of these facilities, as well as to the Federal and Länder parliaments to serve
as guidelines for the adoption or modification of laws on detention pending deportation. In
addition, the Federal Agency has monitored deportation flights. Members of the Joint
Commission and the Secretariat have also participated in conferences on the issue
organized by the Council of Europe’s national preventive mechanism (NPM) network or by
German governmental and non-governmental organizations.
5.
In 2014, the Joint Commission’s topic of special interest is juveniles in detention.
6.
With reference to the recommendation of the SPT contained in paragraph 21 of the
SPT visit report, discussions have taken place with several visiting commissions for
psychiatric institutions. The Joint Commission is considering resuming the exchange when
more visits to this type of facility are on the agenda. Concerning homes for elderly people,
as soon as members with specific knowledge from this area have been assigned to the Joint
Commission, possibilities to cooperate with specific visiting mechanisms will be presumed.
The Joint Commission will furthermore assess the possibility to start talks with
commissions on children’s homes.
7.
With reference to the recommendation of the SPT contained in paragraph 23 of the
SPT visit report, the National Agency prepared a strategic plan in the scope of the ongoing
discussions with the Länder Ministries of Justice on the extension of the Joint Commission.
This plan is continually updated and expanded. The subject ministries have informed all
places of detention under their responsibility of the National Agency’s rights and duties as
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