FOREWORD
The National Agency for the Prevention of
Torture is the body responsible in Germany for
ensuring humane detention conditions and
treatment of prisoners. The Agency hereby
presents an annual report of its activities to the
Federal Government, the German Bundestag, the
Länder governments and the Länder parliaments.
The Report covers the period from 1 January to
31 December 2018.
also encountered a particular difficulty in its dayto-day work in the year under review. It has
become clear that the new budget (having been
adjusted in 2015 on account of an increase in
personnel) will in the foreseeable future no
longer be sufficient for the National Agency to
fulfil its mandate. A solution must be found that
will enable the National Agency to fulfil its
mandate in line with the Federal Republic of
Germany’s obligations under international law.
This document provides a summary of the
National Agency's activities in the period under
review, as well as background information on the
Agency itself, followed by a section on its
standards. These concern the main aspects of
humane detention conditions and treatment of
persons detained in the facilities visited. The
standards are derived in particular from
recurring recommendations made by the
Agency, and are continually developed and
adapted. They can also be found on the National
Agency's website.
Furthermore, the National Agency continues
to operate without an adequate legal basis for
publishing individual names in its reports on
visits to privately owned facilities. As a
temporary measure, the National Agency will
publish these reports in anonymised form.
However, the public often fails to understand
the reasons for this. The National Agency
already highlighted this issue in its 2017 Annual
Report. The Agency believes it is necessary to
create an adequate legal basis to enable it to
publish the names of all facilities visited as well
as all visit reports and opinions, in order to fulfil
its preventive duty as provided for in the
Optional Protocol to the United Nations
Convention against Torture and other Cruel,
Inhuman and Degrading Treatment or
Punishment (OPCAT).
After this follows a report on the National
Agency's visits. In 2018, the Agency focussed its
activity on the area of residential care and
nursing homes. As part of this focus, the
National Agency not only conducted visits to
relevant facilities, it also contacted important
stakeholders in the field. Cooperating with the
ministries responsible for this topic was at times
problematic as there was not always a willingness
to assist the National Agency in fulfilling its
legally mandated task.
Finally, in December 2018 the mandates of
members Prof. Dr Dirk Lorenzen and Senior
Chief Superintendent Hartmut Seltmann (retd)
came to an end. The National Agency would like
to thank them for the positive contribution they
made. Their expertise was a valuable asset for
the Agency’s work.
In addition to the many challenges faced in
protecting the human rights and human dignity
of persons deprived of their liberty, the Agency
Rainer Dopp
State Secretary (retd)
Chair of the Joint Commission
Klaus Lange-Lehngut
Leitender Regierungsdirektor (retd)
Director of the Federal Agency
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