THE NATIONAL AGENCY IN AN INTERNATIONAL CONTEXT
Commission for the Prevention of Torture of
Switzerland. This led to the idea of calling a meeting
of the preventive mechanisms of Germany,
Switzerland and Austria. A first meeting involving all
three bodies will be held in Berlin in the course of
2014.
Strasbourg on 21/22 November 2013 at the invitation
of the UK’s national preventive mechanism and the
Council of Europe. It was attended by representatives
from the Joint Commission. As well as the Head of
the Migration Coordination Division of the Council
of Europe, representatives of the Parliamentary
Assembly of the Council of Europe and of nearly all
the national preventive mechanisms of the Member
States of the Council of Europe attended the
conference.
First, key problems of custody pending detention
were identified and discussed, including access to a
legal advisor, especially vulnerable groups in custody
pending detention, such as women and children,
health care provision, as well as safety and order.
Specific challenges which the national preventive
mechanisms are faced with when monitoring such
facilities were also discussed.
On the second day participants discussed the need
to develop minimum standards at Council of Europe
level. Various bodies of rules and guidelines already
exist for custody pending detention. However, it was
felt to be expedient and necessary to summarise those
rules and principles which were already available and
to specify them more precisely. Given that most
detainees awaiting deportation are deported on the
basis of Dublin II from one European state to
another, it was deemed necessary to harmonise
existing norms and standards. Agreement was reached
on the fact that a person should be deported to
another state only were minimum standards are at the
very least upheld in that other state. At the end of the
conference, the UK’s national preventive mechanism
drafted a declaration to the Committee of Ministers
of the Council of Europe which stressed the need to
develop minimum standards for custody pending
detention at Council of Europe level.
2.1 – VISIT OF THE UN SUBCOMMITTEE ON
PREVENTION OF TORTURE
A delegation of the UN Subcommittee on
Prevention of Torture (SPT) visited Germany from 8
to 12 April 2013 with the aim of advising and
supporting the National Agency in carrying out its
tasks. The delegation was headed by the SPT’s
Contact for Germany, Aisha Shujune Muhammad
(Maldives), who was accompanied by Mari Amos
(Estonia), Felipe Villavicencio Terreros (Peru) and
Victor Zaharia (Republic of Moldova). The delegation
was supported by Patrice Gillibert, Secretary of the
SPT, and another member of the Secretariat, Lucas
Machon.
As well as holding meetings with federal and Länder
government representatives and with civil-society
representatives on 8 and 12 April 2013, the delegation
paid a visit to the National Agency in Wiesbaden
from 9 to 11 April. After forwarding a list of questions
regarding both the National Agency’s provision with
funding and its work, a first meeting was held on 9
April 2013. The delegation also accompanied the
Federal Agency on its visit to Mainz Federal Police
Station. On 10 April 2013 it accompanied the Joint
Commission on a visit to the wing in Mannheim
Prison responsible for enforcing custody pending
deportation. The visit to Wiesbaden was rounded off
with a final meeting on 11 April 2013, during which the
delegation presented its preliminary results regarding
the work of the National Agency. Following its visit
the SPT forwarded one copy of its report to the
National Agency and one copy to the Federal
7
Government.
2.2 – CONFERENCE ON CUSTODY
PENDING DEPORTATION ORGANISED BY
THE EUROPEAN PREVENTIVE
MECHANISMS
A conference entitled “Immigration Detention in
Europe: Establishing Common Concerns and
Developing Minimum Standards” was held in
7
The report to the National Agency (UN Document
CAT/OP/DEU/R.2.) and the National Agency’s response are
retrievable at: www.nationale-stelle.de.
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