FOREWORD
The National Agency for the Prevention of Torture
(National Agency) was established in 2009 on the
basis of the Optional Protocol to the Convention
against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (OP-CAT). Its
task within the context of preventing inhuman
conditions of detention is to regularly review and
make recommendations for improving the conditions
of detention and the treatment of persons deprived of
their liberty. The National Agency has found that
including the term “torture” in its designation can
prove an obstacle when it comes to fulfilling this task,
since its remit is then often reduced to the
“prevention of torture”. In fact, no evidence of torture
was found in any of the institutions visited.
Nevertheless, a number of issues were identified
based on which recommendations were then made.
The National Agency comprises the Federal Agency
for the Prevention of Torture (Federal Agency) and
the Joint Commission of the Länder for the
Prevention of Torture (Joint Commission). Every year
it submits a joint Annual Report to the Federal
Government, the German Bundestag, the Land
governments and the Land parliaments. This Annual
Report covers the period between 1 January and 31
December 2013. For the sake of thematic consistency,
the Annual Report 2013 also covers the visit to
Rendsburg Pre-Deportation Detention Facility on 13
January 2014.
The National Agency visited a total of 36 facilities in
2013. These visits focused on custody pending
deportation and forced returns by air. The Report sets
out the National Agency’s stance on fundamental
issues around the enforcement of custody pending
deportation in Germany, and it comes out in favour of
enforcing such custody pending deportation only in
facilities established specifically for that purpose.
Chapters III and IV contain descriptions of the
Agency’s visits, its recommendations and the
statements provided by the supervisory authorities in
response to those recommendations, as well as best
practice examples.
In addition to conducting its national visits, the
National Agency engaged in numerous international
activities in the period under review. Further,
Germany received visits from two international
preventive mechanisms, the UN Subcommittee on
Prevention of Torture and other Cruel, Inhuman and
Degrading Treatment or Punishment (SPT) and the
European Committee for the Prevention of Torture
and Cruel, Inhuman and Degrading Treatment or
Punishment (CPT).
Once more, the National Agency’s financing and
staffing were an important issue in the period under
review. The Federal Agency was expanded by the
addition of a second member, but although the
Conference of Ministers of Justice of the Länder gave
its approval for an additional member to join the Joint
Commission, no decision has yet been taken on
financing this position. Should its financial and human
resources not be increased, the Joint Commission will
not be able to fulfil some of its tasks in 2014.
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