classified as places of detention under the above
definition.
1.4 – PERSONNEL AND FINANCIAL
RESOURCES
Further to these activities, the National
Agency is also tasked with issuing statements
regarding both existing and draft legislation.
The National Agency is made up of ten
honorary members, and a Secretariat staffed
with six full-time employees.
Ever since the Agency was founded, there have
been discussions amongst various stakeholders
in the field of human rights as well as on the
political level as to whether the National
Agency’s available funding is sufficient for it to
fulfil its legally mandated task of regularly
visiting over 13,000 facilities and attending
measures within its remit involving deprivation
3
of liberty, such as deportations.
1.3 – POWERS
Pursuant to the rules set out in the OPCAT,
the Federal Government and the Länder grant
the National Agency the following rights:
+
+
+
+
+
Access to all information concerning
the number of persons deprived of
their liberty in places of detention as
defined in Article 4 of the OPCAT, as
well as the number of places and their
location;
The National Agency's budget was increased in
2015 when its staff numbers were doubled. Since
then, it has an available budget of EUR 540,000.
To date, the budget has not undergone regular
adjustments in line with general cost
developments. Due to an increase in costs in
recent years, particularly in respect of rental
payments and personnel, the National Agency
was forced to limit its visit activities
considerably in 2018. It is already foreseeable
that the current budget will no longer be
sufficient in 2020 for the Agency to effectively
fulfil its legally mandated tasks.
Access to all information referring to
the treatment of those persons as well
as their conditions of detention;
Access to all places of detention and
their installations and facilities;
The opportunity to have private
interviews with the persons deprived
of their liberty without witnesses,
either personally or with a translator if
deemed necessary, as well as with any
other person who the national
preventive mechanism believes may
supply relevant information;
1.5 – ENQUIRIES BY INDIVIDUALS
In the period under review, the National
Agency received individual enquiries regarding
45 separate cases that exclusively concerned
facilities within the Joint Commission’s remit.
Although the National Agency is not an
ombudsman institute, details provided in
individual enquiries are nevertheless of practical
relevance for its work. They provide background
information for visits, and may draw attention to
specific problem areas. In addition, concrete
The liberty to choose the places they
want to visit and the persons they
want to interview;
+
To maintain contact with the UN
Subcommittee on Prevention of
Torture, to send it information and to
meet with it.
In accordance with Article 21(1) OPCAT,
persons who communicate information to the
National Agency are not to be sanctioned or
otherwise prejudiced in any way. The members
and employees of the Agency are obligated to
maintain confidentiality with regard to
information disclosed to them in the course of
their duties. This obligation is to be maintained
even beyond the term of their office.
3
CPT/Inf (2017) 13, p. 14; CAT/OP/DEU/1, (16.12013);
Follmar-Otto, “Die Nationale Stelle zur Verhütung von Folter
fortentwickeln! Zur völkerrechtskonformen Ausgestaltung und
Ausstattung”, policy paper no. 20, 2013, URL:
https://www.ssoar.info/ssoar/bitstream/handle/document/34
935/ssoar-2013-follmar-ottoDie_Nationale_Stelle_zur_Verhutung.pdf?sequence=1,
(available in German only, last retrieved on 29/01/2019);
Motion put forward in the Bundestag by Bündnis 90/Die
Grünen (“Für den Menschenrechtsschutz in Deutschland – Die
Nationale Stelle zur Verhütung von Folter reformieren und
stärken”) of 30/05/2017 (Bundestag Printed Paper 18/12544)
15
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