CAT/OP/DEU/2/Add.1 40. With reference to the recommendation of the SPT contained in paragraph 58 of the SPT visit report, the National Agency endeavours to create a trustful atmosphere with the persons it meets during its visits. This requires more or less previous information about the Agency and the character of the interview depending on the person’s background and level of knowledge about German public administration. 41. The information leaflet has been reviewed and will be republished also in a version for detainees when introducing the National Agency’s new corporate identity. 42. In the scope of the National Agency’s new corporate identity, the information leaflet will be updated and translated into different languages. See hereon No. 35, above. 43. With reference to the recommendation of the SPT contained in paragraph 60 of the SPT visit report, interviews are generally conducted in a private setting, e.g. in inmate cells. The National Agency pays attention to ensuring that interviews cannot be overheard by staff. Health conditions and access to health professionals by detainees have been included into the list of questions to be typically asked during an interview. 44. With reference to the recommendation of the SPT contained in paragraph 62 of the SPT visit report, the National Agency has a variety of measuring equipment such as devices to measure room volume and surfaces, air quality or temperature. It makes use of these instruments only when given reason to believe that minimum standards are not met. 45. With reference to the recommendation of the SPT contained in paragraph 64 of the SPT visit report, the time the visiting teams dedicate to reviewing files and talking to detainees depends on the circumstances of each visit, such as the size of the visiting team and the complexity of the facility. Whenever possible and appropriate, it splits up visiting teams to do different tasks in parallel, as it did during the visit to the prison in Mannheim with the SPT. On one occasion in the past, the Federal Agency had to recommend that files be kept on site. 46. With reference to the recommendation of the SPT contained in paragraph 66 of the SPT visit report, the National Agency generally does not investigate individual complaints. Where suitable, complainants are directed to the competent authorities. Only in particularly grave situations does the National Agency inform the authorities or request a statement. As long as no imminent risk is at stake (e.g. in case of suicide threats or announced attacks on staff or other prisoners), this exclusively happens with prior agreement by the affected person. However; during interviews with the prisoners the National Agency should be made aware of complaints, it may, on a case-by-case basis, decide to bring these complaints to the knowledge of the facility’s authorities. 47. With reference to the recommendation of the SPT contained in paragraph 68 of the SPT visit report, interviewees are usually provided with an information leaflet that contains the address of the National Agency. In the scope of the redesign of the National Agency’s public appearance due in 2014, this leaflet will be translated into more languages and contain the information that every person may contact the National Agency without censorship concerning his or another person’s situation. 48. Until now, there have been no reports that persons had been subjected to sanctions or prejudiced in other ways after having spoken to the National Agency. Not even hints to such risks have been purported in postal communication with prisoners after visits. It would hence appear exaggerated to explicitly advise staff not to mistreat persons who have spoken to the National Agency, given that all wardens are aware of the implications of such behaviour. As long as there are no signs indicating conflicts between inmates who have provided the National Agency with information and staff, a warning such as this would unnecessarily provoke resistance among staff to implement the Agency’s recommendations 7

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