ANNEX
10 – RULES OF PROCEDURE OF THE
NATIONAL AGENCY FOR THE PREVENTION
OF TORTURE
Adopted at the joint meeting of the
Federal Agency for the Prevention of
Torture and the Joint Commission
for the Prevention of Torture
held on 2 September 2013
Part 1
Structure
Section 1
Bodies
(1) Pursuant to section 2 of the Administrative
Agreement on the National Agency for the
Prevention of Torture, the Federal Agency for the
Prevention of Torture (Federal Agency) and the Joint
Commission for the Prevention of Torture (Joint
Commission) shall together form the National
Agency for the Prevention of Torture (National
Agency). They shall cooperate under this name.
(2) The members of the Federal Agency and of the
Joint Commission are members of the National
Agency.
Section 2
Representation
The Director of the Federal Agency and the Chair of
the Joint Commission shall together represent the
National Agency externally.
Part 2
Modus operandi of the National Agency
Section 3
Basic principles
(1) The members of the National Agency shall
coordinate their modus operandi with each other,
they shall draw up guiding principles and an annual
programme.
(2) The Director of the Federal Agency and the Chair
of the Joint Commission shall coordinate the use of
staff in the Secretariat.
Section 4
Meetings
(1) As a rule at least two meetings of the members of
the National Agency shall be held each year.
(2) As a rule the Secretariat shall be involved in these
meetings.
(3) The Director of the Federal Agency and the Chair
of the Joint Commission shall reach agreement on
who chairs these meetings.
(4) Minutes shall be kept of each of these meetings.
(5) The minutes shall be presented to members for
approval as soon as possible after the end of the
meeting. The minutes shall be regarded as approved if
no objections are raised within two weeks after their
being forwarded.
Section 5
Voting
(1) Motions are carried if they receive the majority of
the votes cast.
(2) Motions pertaining to the National Agency are
only carried if the Director of the National Agency
has not voted “no”. Joint decisions of both bodies shall
be reached by consensus.
Section 6
Circular procedure
(1) Decisions may also be taken by circular procedure.
(2) The result of the vote shall be determined two
weeks after the motion has been forwarded to
members.
Section 7
Secretariat
(1) The Secretariat supports the Federal Agency and
the Joint Commission in fulfilling their tasks.
(2) The work of the Secretariat shall be regulated on
the basis of a distribution of business plan.
Part 3
The Federal Agency
Section 8
Competence and structure
(1) The competence and structure of the Federal
Agency are set out in the Organisational Decree of the
Federal Ministry of Justice of 20 November 2008.
(2) The Director of the Federal Agency and his or her
deputy shall coordinate their activities with each
other and with the Secretariat. They shall inform the
National Agency about key results as soon as possible
via the Secretariat.
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