TOPICS
3 – ENQUIRIES BY INDIVIDUALS
In the period under review the National Agency
received individual enquires regarding 43 separate
cases, although some of these did not refer to places of
detention. The remaining enquiries referred
exclusively to facilities which fall within the Joint
Commission’s area of responsibility. Half of the
individual enquiries referred to prisons, the other half
to psychiatric hospitals or facilities implementing
measures of reform and prevention.
Since the National Agency does not operate as an
ombuds institution, it is not authorised to remedy or
offer legal advice regarding individual enquiries.
Reference is explicitly made to this fact in the replies
sent to those submitting enquiries and on the
National Agency’s website. Nevertheless, information
regarding concrete incidents are of great practical
relevance for the work of the National Agency. It
provides background information for inspection visits
and can draw attention to specific problems. In
addition, concrete information and tips can have an
influence on which facilities the National Agency
visits and on the priorities set during the visit as a
result.
Where an enquiry provides indications of serious
problems, the National Agency will, with the consent
of the person submitting the enquiry, contact the
competent authority. In one case this led to someone
being examined by the prison doctor a second time to
establish whether he was fit to be detained. Where an
enquiry indicates that there is a risk of suicide or that
someone is a danger to others, the National Agency
will also contact the head of the facility in question.
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