STATE TREATY ON THE ESTABLISHMENT OF A NATIONAL MECHANISM OF ALL THE LÄNDER IN ACCORDANCE
WITH ARTICLE 3 OF THE OPTIONAL PROTOCOL OF 18 DECEMBER 2002 TO THE CONVENTION AGAINST TORTURE
AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT OF 25 JUNE
prevention of torture”). These mechanisms are to
examine the treatment of persons who have been
deprived of their liberty. Since competence for
measures entailing deprivation of liberty in the
Federal Republic of Germany is very largely a matter
for the Länder, such mechanisms are to be established
by the Länder and provided with the appropriate
powers. It appears expedient in place of individual
commissioners of the Länder to create with this
Treaty a joint national mechanism within the meaning
of Article 3 of the Optional Protocol (Commission)
which is able to act uniformly vis-à-vis the Federation,
the Länder and the United Nations.
Additionally, the Federation establishes a Federal
Agency for the Prevention of Torture as a further
national mechanism which shall perform the
corresponding tasks for individuals who have been
deprived of their liberty under federal jurisdiction.
The Commission shall work closely together with this
agency, in particular in reporting.
The Commission is to use the infrastructure of the
Centre
for
Criminology
(Kriminologische
Zentralstelle e.V.) as extensively as possible. The
necessary secretariat is to be established with the
Centre for Criminology.
Article 1
Establishment of the Commission
for the Prevention of Torture
The Länder concluding the present Treaty shall
establish a Joint Commission for the Prevention of
Torture which shall be designated to the United
Nations as the national mechanism for the prevention
of torture within the meaning of Article 3 of the
Optional Protocol.
Article 2
Tasks and powers
(1) The Commission shall have the task of visiting
places of detention within the meaning of Article 4 of
the Optional Protocol under the jurisdiction of the
Länder in order to prevent torture, drawing attention
to problems and where appropriate making
recommendations for improvements.
(2) The members of the Commission, individually or
together, shall have the powers named in Article 19 of
the Optional Protocol. The Länder shall grant to them
the rights and powers named in Article 20 of the
Optional Protocol.
(3) The Commission may make recommendations to
the competent authorities in order to improve the
conditions for persons who have been deprived of
their liberty. The authorities shall be obliged to
carefully examine these recommendations and to
make a statement to the Commission within a suitable
period.
(4) The Commission shall draft an Annual Report
together with the Federal Agency for the Prevention
of Torture, which shall be forwarded to the Federal
Government, the Land Governments, the German
Federal Parliament and the Land Parliaments.
Article 3
Confidentiality
The members of the Commission shall be obliged to
maintain the confidentiality of information becoming
known to them within the framework of their tasks,
also beyond the duration of their period of office.
Article 4
Members
(1) The Commission shall consist of four members
who act on an honorary basis. The members shall be
independent and not subject to any instructions. The
number of the Commission members may be changed
by a unanimous resolution of the Conference of
Ministers of Justice.
(2) The members of the Commission shall be
nominated by the Conference of Ministers of Justice
for a four-year period of office. In derogation
therefrom, on nomination of the first four members
of the Commission, two members shall be nominated
for four years and two members for two years. A
renewed nomination shall be possible. They may lay
down their office at any time. A member of the
Commission may only be dismissed against his/her
will prior to expiry of his/her period of office subject
to the provisos of sections 21 and 24 of the German
Judiciary Act by a unanimous resolution of the
Conference of Ministers of Justice. In such cases, the
Conference of Ministers of Justice shall nominate a
successor for the remaining period of office.
(3) The Commission shall submit its reports and
recommendations uniformly. The chair of the
Commission shall be held by a member of the
Commission who shall each be nominated for two
years by the Conference of Ministers of Justice. A
renewed nomination shall be possible.
(4) The members of the Commission shall be persons
with acknowledged expertise in the field of the prison
service or of the placement of offenders with mental
disorders in psychiatric institutions, the police,
psychiatry, criminology or in comparable fields. It
should be ensured in the composition of the
Commission that members are represented who are
versed in various specialist fields. A balanced
representation of the genders shall be ensured. The
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