CAT/OP/DEU/1
7.
In addition to visiting places of deprivation of liberty, members of the SPT held
meetings with a number of Federal and State officials and civil society organizations to
discuss institutional aspects of the NPM and its relationship with other bodies, without
presence of the representatives of the Federal Agency and the Joint Commission.
8.
The SPT wishes to express its gratitude to the authorities of the Federal Government
as well as of concerned States for the facilitation of the visit.
II. The national preventive mechanism
9.
The Federal Republic of Germany ratified the Optional Protocol on 4 December
2008, entering into force on 3 January 2009, with a declaration in accordance with Article
24 postponing the obligation of designating or establishing a NPM within one year of the
entry into force of the Optional Protocol for the State Party.2
10.
On 8 November 2010, the State Party notified the SPT of establishment of the NPM
under Part IV of the Optional Protocol, comprising two institutions: a Federal Agency for
the Prevention of Torture for places of detention under Federal jurisdiction (detention
facilities operated by the Bundeswehr,3 Federal Police and the German Customs
Administration) and a Joint Commission for the Prevention of Torture for places of
detention under the jurisdiction of the States (police, judiciary, detention facilities in
psychiatric clinics, establishments of custody pending deportation, nursing homes, youth
welfare establishments).
11.
The modalities for the creation and functioning of the NPM were determined by the
Ratification Bill of the Optional Protocol, published on 2 September 2008, and the decree
of the Federal Ministry of Justice of 20 November 2008 which set up the Federal Agency,
and the State Treaty between the 16 States of 24 June 2009 which set up the Joint
Commission.
12.
The Federal Agency and the Joint Commission constitute one institution: the
National Agency for the Prevention of Torture (hereinafter referred as “the National
Agency”). While the National Agency is operational, it faces serious challenges in relation
to human and financial resources, a fact which has also been acknowledged by the State
Party.
13.
The SPT welcomes the efforts made by the authorities to combat and prevent torture
and ill-treatment and to fulfil its obligations under the Optional Protocol, inter alia, through
strengthening of the legislative framework, the adoption of comprehensive policies and the
establishment of specific monitoring mechanisms of deprivation of liberty at the federal and
state level.4
14.
The SPT welcomes the fact that both the Federal Agency and the Joint Commission
strive for non-bureaucratic approaches, making recommendations relating to specific
concerns to the authorities responsible for those places where persons are deprived of their
liberty which they visit. It also welcomes the positive responses given by the relevant
authorities to the majority of recommendations made by the NPM.
15.
The SPT notes the allegations by the Federal and State authorities with which it met
that no incidents of torture had recently been reported in Germany, and that a number of
2
3
4
4
Article 17 OPCAT.
Federal Armed Forces.
For example, the psychiatric commissions, detention centres councils, municipal supervisions of
elderly homes.