ORGANISATIONAL DECREE OF THE FEDERAL MINISTRY OF JUSTICE OF 20 NOVEMBER 2008 7 – ORGANISATIONAL DECREE OF THE FEDERAL MINISTRY OF JUSTICE OF 20 NOVEMBER 2008 1. A Federal Agency for the Prevention of Torture (Federal Agency) shall be established which is to be designated to the United Nations as the National Preventive Mechanism within the meaning of Article 3 of the Optional Protocol of 18 December 2002 on the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 (Optional Protocol). 2. The Federal Agency shall have the task of visiting places under federal jurisdiction where people are deprived of their liberty within the meaning of Article 4 of the Optional Protocol in order to prevent torture, draw attention to problems and where appropriate make recommendations for improvements. 3. The Federal Agency shall have the rights and powers designated in Articles 19 and 20 of the Optional Protocol. The Federal Agency may make recommendations to the competent authorities to improve the conditions for persons who have been deprived of their liberty. The authorities shall be obliged to examine these recommendations carefully and to make a statement to the Federal Agency within a suitable period. Together with the Joint Commission on the Prevention of Torture, the Federal Agency shall draw up an Annual Report which shall be forwarded to the Federal Government, the Land Governments, the German Federal Parliament and the Länder Parliaments. 4. The Director of the Federal Agency shall act on an honorary basis. He/she shall be independent and not subject to any instructions. Compensation for expenditure and costs shall be granted in accordance with the provisions contained in the Federal Travel Expenses Act. and the Federal Ministry of Defence for a period of office of four years. Re-nomination shall be possible. The Director may renounce his/her office at any time. Prior to expiry of the period of office, dismissal against the will of the Director may only be effected subject to the provisos of section 24 of the German Judiciary Act by the Federal Ministry of Justice in agreement with the Federal Ministry of the Interior and the Federal Ministry of Defence. In this case, the Federal Ministry of Justice shall nominate a successor for the remaining period of office in agreement with the Federal Ministry of the Interior and the Federal Ministry of Defence. 6. The Federal Agency shall have at its disposal a secretariat which shall perform the ongoing business of the Federal Agency and shall be established with the latter in accordance with the Statutes of the Centre for Criminology. The staff of the Secretariat shall only be appointed or dismissed with the consent of the Director of the Federal Agency. It shall be in factual terms only subject to the instructions of the Director of the Federal Agency. The seat of the Federal Agency shall be Wiesbaden. 7. The Federal Agency shall work together with the Joint Commission for the Prevention of Torture. It may make use of staffing and material together with the Commission. The details shall be governed by an administrative agreement. 8. The Federal Agency shall be funded from the budget of the Federal Ministry of Justice. Berlin, 20 November 2008 5. The Director of the Federal Agency shall be nominated by the Federal Ministry of Justice in agreement with the Federal Ministry of the Interior 110