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operative guidelines should, in the view of the National Agency, be sufficiently flexible to
maintain the ability to react to unforeseen circumstances.
15.
With reference to the recommendation of the SPT contained in paragraph 33 of the
SPT visit report, the State Treaty and the decree of the Federal Ministry of Justice both
include references to the National Agency’s rights under articles 19 and 20 of the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. Its task is hence known to the authorities concerned. On several
occasions, the National Agency has been asked for its opinion on draft legislation. It has
hitherto though not been able to submit opinions due to lack of capacity. Under the current
circumstances and where required, its strategy is to include into its visit reports, comments
on legislative shortcomings. Abstract comments on draft or existing legislation may result
from background research undertaken by the National Agency on different issues.
16.
A modification in particular of the State Treaty would require an agreement of the
16 Länder Ministries of Justice and approval by all 16 Länder Parliaments. Taking into
account that there are more straightforward ways to ensure better implementation of the
National Agency in legislative processes, amendments to the basic texts do not appear
practical at this stage.
17.
With reference to the recommendation of the SPT contained in paragraph 35 of the
SPT visit report, the general public can provide the National Agency with information
through a variety of channels such as postal mail, telephone, fax, e-mail as well as the
anonymous contact form on its homepage. The Agency frequently receives information
from many sources; among them, mainly detainees and their family members but also
journalists or interest groups. It, furthermore, proactively establishes contacts with many
public agencies and non-governmental organizations and participates in conferences and
meetings of different interest groups.
18.
The National Agency has identified that publishing its visit reports only in its
Annual Reports is a major limiting element to its public visibility. Due to the fact that up to
a year may pass before a report is published, many visits go unnoticed by the press. So as to
ensure a more timely notification, beginning 2014 the Agency will increase its public
visibility mainly by making visit reports available to the public on its website together with
the comments of the subject ministry.
19.
The National Agency’s corporate identity is currently being designed in cooperation
with the University of Applied Sciences and Arts Hanover. Only through this innovative
approach was the National Agency able to finance its new corporate design. The scope of
this process will include the annual report, the website and information leaflets. There will
be a version for detainees that will be translated into the most pertinent languages.
20.
Annual reports are published in German and English and are sent to some 50 interest
groups in Germany and abroad. The reports are also available through the National
Agency’s website. All past reports have been sent to the SPT in German and English. The
National Agency is thus already complying with article 23 of the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
21.
The National Agency maintains contacts with the relevant Federal and Länder
Ministries and regularly meets their representatives. To improve implementation of its
recommendations, it immediately informs the head of department about the provisional
findings. Contacts are also maintained with other European NPMs through the Council of
Europe’s NPM network. Furthermore, the National Agency, with financial and operative
support by the Federal Ministry of Justice, is organizing a first meeting of Germanlanguage NPMs to take place in Berlin in April 2014.
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