THE NATIONAL AGENCY IN AN INTERNATIONAL CONTEXT
2 – THE NATIONAL AGENCY IN AN
INTERNATIONAL CONTEXT
The National Agency is Germany’s national
preventive mechanism pursuant to Article 3 of the
OP-CAT. Each of the States Party to the OP-CAT
must designate such a mechanism, which may
comprise one or more bodies. As at 31 December 2013,
the OP-CAT had 91 signatory states and had been
ratified in 70 states, including nearly all the Member
States of the Council of Europe excluding Andorra,
Belgium, Finland, Greece, Island, Ireland, Latvia,
Lithuania, Russia, San Marino and Slovakia.
Of these 70 States Party, 51 had already established a
national preventive mechanism based on one of three
models: Under one model, the remits of existing
ombuds institutions were extended to cover the
prevention of torture (e.g. in Sweden, Austria, Spain);
secondly, various existing monitoring mechanisms
were combined to create national preventive
mechanisms (e.g. in the UK); a third groups of states,
including Germany, France and Switzerland,
established new national preventive mechanisms.
A preventive mechanism was also set up at the
United Nations, namely the UN Subcommittee on
Prevention of Torture (SPT). It comprises 25
members who are nominated and elected by the States
Party. Since 2012 the SPT has shared out its regional
competences amongst its members.
The SPT may visit the States Party for two reasons:
First, like the European Committee for the
Prevention of Torture (CPT), it can visit places of
detention in the States Party with the aim of making
recommendations regarding protecting persons who
are being deprived of their liberty against torture and
other cruel, inhuman or degrading treatment or
punishment. To that end it essentially has the same
powers as the national preventive mechanisms.
Second, it may also pay visits to States Party to
support them in setting up their national preventive
mechanisms and offer training and technical
assistance. It paid such a visit to Germany in April
2
2013.
There are other international organisations which
are involved in implementing the ban on torture and
ill-treatment in Germany. In December 2009,
Germany sent its Fifth Periodic Report to the United
3
Nations Committee against Torture. The Report was
presented to the Committee in Geneva in November
2011. The Director of the Federal Agency and the
Chair of the Joint Commission took part in the
presentation and also provided information about the
National Agency, which had then only recently taken
up its work.
The CPT visits each State Party once every five
years. It can also carry out ad-hoc visits. The CPT has
visited Germany six times since it was established.
During these visits the CPT examined numerous
places of detention from a human rights perspective.
4
The CPT made its last periodic visit in 2010; it will
return to Germany in 2015. In November 2013 it
conducted an ad-hoc visit which focused primarily on
preventive detention (Sicherungsverwahrung) and the
use of physical restraints (Fixierung) in prisons.
In the period under review the human rights
situation in Germany was also examined in the
context of the United Nations Human Rights
Council’s Universal Periodic Review Procedure.
Several states recommended that Germany improve
5
the resources available to the National Agency.
Up until 2012 the national preventive mechanisms of
the Member States of the Council of Europe regularly
discussed and shared experience about the focal
points of their activities at conferences of the
European NPM project organised by the Council of
Europe. After this project was completed, a
conference on custody pending detention was held
independently of that in 2013 in Strasbourg. It was
organised by the Council of Europe and the UK’s
national preventive mechanism; the National Agency
6
took part in the conference.
The National Agency was also involved in other
international activities in the period under review. For
example, the Chair of the Joint Commission met with,
amongst other people, the Head of the Human Rights
Directorate in the Australian Ministry of Justice, thus
following up on a first meeting in 2010. The meeting
focused on establishing a national preventive
mechanism in Australia. In addition, the National
Agency met with representatives of the National
ht.pdf?__blob=publicationFile
(last retrieved: 17 February 2014)
4
CPT/Inf (2012) 6
5
See http://www.ohchr.org/EN/HRBodies/UPR/
Pages/DESession16.aspx
(last retrieved: 17 February 2014)
6
See 2.2 below
2
See 2.1 below
Federal Ministry of Justice (2009),
http://www.bmjv.de/SharedDocs/Downloads/EN/5_CAT_Beric
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